(f) reggie “ to veronica for life , then to betty and her heirs if betty attains the age of 21...
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(F) Reggie “ to Veronica for life , then to Betty and her heirs if Betty attains the age of 21 .”. Veronica: Life Estate Betty: Contingent Remainder in Fee Simple Reggie: Reversion What happens if Veronica dies when Betty is 17?. - PowerPoint PPT PresentationTRANSCRIPT
(F) Reggie “to Veronica for life, then to Betty and her heirs if Betty attains the age of 21.”
Veronica: Life Estate
Betty: Contingent Remainder in Fee Simple
Reggie: Reversion
What happens if Veronica dies when Betty is 17?
(F) Reggie “to Veronica for life, then to Betty and her heirs if Betty attains the age of 21.”
What happens if Veronica dies when Betty is 17? (Common Law):
If contingency not met when prior estate ends, contingent remainder is destroyeddestroyed.
Betty has nothing.
Reggie has fee simple absolute.
DOCTRINE OF DESTRUCTABILITY OF CONTINGENT REMAINDERS
If contingency not met when prior estate ends, contingent
remainder is destroyeddestroyed
DOCTRINE OF DESTRUCTABILITY OF CONTINGENT REMAINDERS
Overruled by statute or caselaw in every American jurisdiction except Florida
(F) Reggie “to Veronica for life, then to Betty and her heirs if Betty attains the age of 21.”
What happens if Veronica dies when Betty is 17? (Modern View): If contingency not met when prior estate ends, we wait to see if it is met later.
Betty’s remainder becomes an executory interest.
Reggie has fee simple on executory limitation
(F) Reggie “to Veronica for life, then to Betty and her heirs if Betty attains the age of 21.”
Veronica dies; Betty is 17 (Modern View)
DOCTRINE OF DESTRUCTABILITY OF CONTINGENT REMAINDERS(Second Common Application)
Where there is a life estate, a contingent remainder, and a reversion, and the life estate
and reversion merge into a fee simple, the contingent remainder is destroyed
(F) Reggie “to Veronica for life, then to Betty and her heirs if Betty attains the age of 21.”
Veronica buys R’s reversion (Destructability)
(F) Reggie “to Veronica for life, then to Betty and her heirs if Betty attains the age of 21.”
Veronica buys R’s reversion (Modern View)
“At Common Law”
v.
“Today”
Default Estate“At Common Law” v. “Today”
Life Estate Fee SimpleSee White v. Brown
& Williamson v.
Williamson(P578)
“to X and the Heirs of his Body”
“At Common Law” v. “Today”
Created a Traditional
Fee Tail
Traditional Fee Taileliminated;
state statutes provide different results when
this language used [See P576]
Doctrine of Destructability of Contingent Remainders
“At Common Law” v. “Today”
Appliedeverywhere
Eliminated in allstates except Florida
PROBLEM JFeaturing Live Oaks
(J): Mary "to Rhoda for life, then to Ted if Ted gives Mary a proper
funeral."
Rhoda?
(J): Mary "to Rhoda for life, then to Ted if Ted gives Mary a proper
funeral."
Rhoda: Life Estate
Ted?
(J):Mary "to Rhoda for life, then to Ted if Ted gives Mary a proper
funeral."
Rhoda: Life Estate
Ted?: Contingent Remainder (in f.s.)
Other?
(J): Mary "to Rhoda for life, then to Ted if Ted gives Mary a proper funeral."
Rhoda: Life Estate
Ted?: Contingent Remainder (in f.s.)
Mary: Reversion
(J): Mary "to Rhoda for life, then to Ted if Ted gives Rhoda a proper
funeral."
Rhoda: Life Estate
What difference does change make?
(J): Mary "to Rhoda for life, then to Ted if Ted
gives Rhoda a proper funeral."
Ted can’t possibly give Rhoda a “proper” funeral by the time Rhoda dies. Thus, Ted’s interest cannot be a remainder; there will be a gap between the end of R’s life estate and Ted’s interest. So Ted has …?
(J): Mary "to Rhoda for life, then to Ted if Ted
gives Rhoda a proper funeral."
Rhoda: Life Estate
Mary: Reversion
Ted: Springing Executory Interest (in f.s.)
EXAM TIP: USE COMMON SENSE!!
• Can’t give a “proper” funeral to a person until after death
EXAM TIP: USE COMMON SENSE!!
• If an interest is conveyed in a will, the grantor is dead.
Vested Remainder Subject to Divestment
=Vested Remainder Subject to Complete Defeasance (P596)
CONTINGENT REMAINDER v. VESTED REMAINDER SUBJECT TO DIVESTMENT
(1) To A for life, then to B & her heirs if she turns 21, but if B dies before 21, then to C and
his heirs.
(2) To A for life, then to B & her heirs, but if B dies before 21, then to C & his heirs.
CONTINGENT REMAINDER v. VESTED REMAINDER SUBJECT TO DIVESTMENT
(1) To A for life, then to B & her heirs if she turns 21, but if B dies before 21, then to C and his heirs.
(2) To A for life, then to B & her heirs, but if B dies before 21, then to C & his heirs.
A alive; B dies at 17: (1+2) B gets 0; C gets fee simple at A’s death
CONTINGENT REMAINDER v. VESTED REMAINDER SUBJECT TO DIVESTMENT
(1) To A for life, then to B & her heirs if she turns 21, but if B dies before 21, then to C and his heirs.
(2) To A for life, then to B & her heirs, but if B dies before 21, then to C & his heirs.
A alive; B turns 21: (1+2) B has vested remainder; C’s interest fails
CONTINGENT REMAINDER v. VESTED REMAINDER SUBJECT TO DIVESTMENT
(1) To A for life, then to B & her heirs if she turns 21, but if B dies before 21, then to C and his heirs.
(2) To A for life, then to B & her heirs, but if B dies before 21, then to C & his heirs.
A dies; B is 17: (1) Grantor has fee simple on executory limitation; B & C have springing executory interests.
(1) To A for life, then to B & her heirs if she turns 21, but if B dies before 21, then to C and his heirs.
(2) To A for life, then to B & her heirs, but if B dies before 21, then to C & his heirs.
A dies; B is 17: (1) Grantor has fee simple on executory limitation; B & C have springing executory interests. (2) B has fee simple on executory limitation; C has shifting executory interest.
VESTED REMAINDER SUBJECT TO DIVESTMENT v. VESTED REMAINDER IN FEE
SIMPLE ON EXECUTORY LIMITATION
To A for life, then to B & her heirs, but if B dies before turning 21, then to C & his heirs.
Condition can occur before B obtains possession.
VESTED REMAINDER SUBJECT TO DIVESTMENT v. VESTED REMAINDER IN FEE
SIMPLE ON EXECUTORY LIMITATION
To A for life, then to B & her heirs, but if B ever uses the land for commercial purposes, to C & his
heirs. (Condition cannot occur before B obtains possession)
COMMON MISTAKESCOMMON MISTAKES
•Contingent Remainder Subject to Open
•Contingent Remainder Subject to Divestment
•Executory Interest Subject to Divestment
COMMON MISTAKESCOMMON MISTAKES
Contingent Remainder Subject to Open
Contingent Rem. Subject to Divestment
Executory Interest Subject to Divestment
PROBLEMS K-LFeaturing Live Oaks
(K): “To George for life, then to Kramer and his heirs; but if
Kramer does not attain the age of 21, then to Elaine and her heirs."
Kramer is 15 years old.
George?
(K): “To George for life, then to Kramer and his heirs; but if Kramer does not attain the age of 21, then to Elaine and her heirs." Kramer is 15 years old.
George: Life Estate
Kramer?
(K): “To George for life, then to Kramer and his heirs; but if Kramer does not attain the age of 21, then to Elaine and her heirs." Kramer is 15 years
old.
George: Life Estate
Kramer: Vested Remainder (in f.s.) subject to divestment
Elaine?
(K): “To George for life, then to Kramer and his heirs; but if Kramer does not attain the age of 21, then to Elaine and her heirs." Kramer is 15 years
old. George: Life Estate
Kramer: Vested Remainder (in f.s.) subject to divestment
Elaine: Shifting executory interest (in f.s.)
(L): Daffy "to Tweety for life, then to such of Tweety's children as survive him, but if none of Tweety's children survives him, then to Peggy
and her heirs."
Tweety has 2 children, Heckle and Jeckle. Tweety?
(L): Daffy "to Tweety for life, then to such of Tweety's children as survive him, but if none of Tweety's children survives him, then to Peggy
and her heirs."
Tweety has 2 children, Heckle and Jeckle. Tweety: Life Estate
Tweety’s Children?
(L): Daffy "to Tweety for life, then to such of Tweety's children as survive him, but if none of Tweety's children survives him, then to Peggy
and her heirs."
Tweety has 2 children, Heckle and Jeckle. Tweety: Life Estate
Tweety’s Children: Contingent remainders (in f.s.) (must survive Tweety)
Peggy?
ALTERNATIVE CONTINGENT REMAINDERS
Two contingent remainders for which the event that causes one to vest will destroy the
other.
ALTERNATIVE CONTINGENT REMAINDERS
Two contingent remainders for which the event that causes each one to vest will destroy the other.
Here, only two possibilities: either (1) Tweety will be survived by children (who would then take) or (2) he won’t (Peggy takes)
(L): Daffy "to Tweety for life, then to such of Tweety's children as survive him, but if none of Tweety's children survives him, then to Peggy
and her heirs."
Tweety has 2 children, Heckle and Jeckle. Tweety: Life Estate
Tweety’s Children: Contingent remainders (in f.s.) (must survive Tweety)
Peggy: Alternative contingent rem. (in f.s.)
Other?
(L): Daffy "to Tweety for life, then to such of Tweety's children as survive him, but if none of Tweety's children
survives him, then to Peggy and her heirs."
Tweety: Life Estate
Tweety’s Children: Contingent remainders (in f.s.) Peggy: Alternative contingent rem. (in f.s.)
Daffy: Reversion (even when alternate contingent remainders)
(L): Daffy "to Tweety for life, then to such of Tweety's children as survive him, but if none of Tweety's children survives him, then to Peggy
and her heirs."
Tweety: Life Estate
Heckle/Jeckle: Contingent remainders (in f.s.)
Peggy: Alternative contingent rem. (in f.s.)
Daffy: Reversion
PROBLEMS M & N
Featuring The M&Ngos
(M): Amanda "to Billy for life, then to Billy's children and their heirs, but if at Billy's death he
is not survived by any children, then to Jo and her heirs." Billy has no children.
Billy?
(M): Amanda "to Billy for life, then to Billy's children and their heirs, but if at Billy's death he
is not survived by any children, then to Jo and her heirs." Billy has no children.
Billy: Life Estate
Billy’s children?
(M): Amanda "to Billy for life, then to Billy's children and their heirs, but if at Billy's death he
is not survived by any children, then to Jo and her heirs." Billy has no children.
Billy: Life EstateBilly’s children? Contingent remainder (in f.s.)
(unborn)Jo?
ALTERNATIVE CONTINGENT REMAINDERS
Two contingent remainders for which the event that causes each one to vest will
destroy the other.
(M): Amanda "to Billy for life, then to Billy's children and their heirs, but if at Billy's death he
is not survived by any children, then to Jo and her heirs." Billy has no children.
When does contingent remainder in children vest?
(M): Amanda "to Billy for life, then to Billy's children and their heirs, but if at Billy's death he is not survived by any children, then to Jo and her heirs." Billy has no children.
Contingent remainder in children vests when a child is born.
When does contingent remainder in Jo vest?
(M): Amanda "to Billy for life, then to Billy's children and their heirs, but if at Billy's death he
is not survived by any children, then to Jo and her heirs." Billy has no children.
Contingent remainder in children vests when a child is born.
Contingent remainder in Jo vests when Billy dies survived by no children.
Is the interest in Jo destroyed when the interest in the children vests?
(M): Amanda "to Billy for life, then to Billy's children and their heirs, but if at Billy's death he
is not survived by any children, then to Jo and her heirs." Billy has no children.
Billy: Life Estate
Billy’s children: Contingent remainder (in f.s.)
Jo: Contingent rem. (in f.s.) (Not alternate)
Anything else?
(M): Amanda "to Billy for life, then to Billy's children and their heirs, but if at Billy's death he
is not survived by any children, then to Jo and her heirs." Billy has no children.
Billy: Life Estate
Billy’s children: Contingent remainder (in f.s.)
Jo: Contingent rem. (in f.s.) (Not alternate)
Amanda: Reversion
(M): Amanda "to Billy for life, then to Billy's children and their heirs, but if at Billy's death he is not survived by any
children, then to Jo and her heirs."
B has child, Sydney. Effect?
Billy: Life Estate
Sydney?
(M): Amanda "to Billy for life, then to Billy's children and their heirs, but if at Billy's death he
is not survived by any children, then to Jo and her heirs." B has child, Sydney.
Billy: Life Estate
Sydney: Vested Remainder (in f.s.), subject to open, subject to divestment. (Contingent remainder vests)
Jo?
(M): Amanda "to Billy for life, then to Billy's children and their heirs, but if at Billy's death he
is not survived by any children, then to Jo and her heirs." B has child, Sydney.
Billy: Life Estate
Sydney: Vested Remainder (in f.s.), subject to open, subject to divestment.
Jo: Shifting Executory Interest (in f.s.)
Amanda?
(M): Amanda "to Billy for life, then to Billy's children and their heirs, but if at Billy's death he
is not survived by any children, then to Jo and her heirs." B has child, Sydney.
Billy: Life Estate
Sydney: Vested Remainder (in f.s.), subject to open, subject to divestment.
Jo: Shifting Executory Interest (in f.s.)
Amanda: Nothing (reversion divested)
(N): Clark “to Jimmy for life, then to Lois and her heirs, but if Jimmy is survived at his death by any children, then to such surviving children and their
heirs. Jimmy has children, Perry & Della.
Jimmy?
(N): Clark “to Jimmy for life, then to Lois and her heirs, but if Jimmy is survived at his death by any children, then to such surviving children and their
heirs. Jimmy has children, Perry & Della.
Jimmy : Life Estate
Lois?
(N): Clark “to Jimmy for life, then to Lois and her heirs, but if Jimmy is survived at his death by any children, then to such surviving children and their
heirs. Jimmy has children, Perry & Della.
Jimmy : Life Estate
Lois: Vested remainder (in f.s.) subj. to divestment
Perry/Della?
(N): Clark “to Jimmy for life, then to Lois and her heirs, but if Jimmy is survived at his death by any children, then to such surviving children and their
heirs. Jimmy has children, Perry & Della.
Jimmy : Life EstateLois: Vested remainder (in f.s.) subj. to divestmentPerry/Della: Shifting executory interest (in f.s.)Clark?
(N): Clark “to Jimmy for life, then to Lois and her heirs, but if Jimmy is survived at his death by any children, then to such surviving children and their
heirs. Jimmy has children, Perry & Della.
Jimmy : Life EstateLois: Vested remainder (in f.s.) subj. to divestmentPerry/Della: Shifting executory interest (in f.s.)Clark? Nothing
(L) (M) (N) TRYING TO DO SAME THINGS:
(1) To A for life(2) If A has any surviving children, they
should take(3) If no surviving children, to B
BUT 3 DIFFERENT SETS OF INTERESTS CREATED
UNACCEPTABLE CONDITIONS
Conditions So Abhorrent …
You Can’t Even Impose Them
on Your Own Children
UNACCEPTABLE CONDITIONS
• Doing Criminal Acts
UNACCEPTABLE CONDITIONS
• Total Restraint on Alienation– Partial Restraint OK if Reasonable
• Casebook says only if Promissory (P625)• Other sources say sometimes Forfeiture
UNACCEPTABLE CONDITIONS• Total Restraint on Alienation
– Partial Restraint OK if Reasonable– Most Restrictions Restrain Alienation to
Some Extent• If too burdensome/weird could treat as too
much restraint• See Casebook at P632-33
UNACCEPTABLE CONDITIONS• Total Restraint on Alienation
– Partial Restraint OK if Reasonable– Most Restrictions Restrain Alienation to Some
Extent– Use Restrictions (Only by X?)
• OK if Charitable• Some jurisd: Non-Charitable = Unreas. Restraint
on Alienation
UNACCEPTABLE CONDITIONS
• Total Restraint on Marriage– Some Jurisd: Maybe OK if Life Estate
– Some Jurisd allow partial restraints• Until turn 25• Shapira
UNACCEPTABLE CONDITIONS
• Obtaining Divorce
UNACCEPTABLE CONDITIONS
• Race-Based Limitations (Unenforceable)– Sex-Based Upheld w/in Family
– Religion: (Discuss w Shapira)
PROBLEM OFeaturing The mang-Os
(O) Archie in will: “To my wife Edith, for her use & benefit, so long as she remains unmarried.” Residue to daughter Gloria.
Edith moves in with male friend, Sherman. Edith subsequently dies, devising her property to Sherman.
(O): 3 QUESTIONS1. “To my wife Edith, for her use & benefit, so
long as she remains unmarried.” Life estate determinable or fee simple determinable?
(O): 3 QUESTIONS1. Life estate determinable or fee simple
determinable?
2. Is condition restraining second marriage void as against public policy?
(O): 3 QUESTIONS1. Life estate determinable or fee simple
determinable?
2. Is condition restraining 2d marriage void?
3. Is cohabitation a violation of a restraint on marriage?
(O): 1st QUESTION: ARGUMENTS?
“To my wife Edith, for her use & benefit, so long as she remains unmarried.”
Life estate determinable or fee simple determinable?
(O): 1st QUESTION: ARGUMENTS?“To my wife Edith, for her use & benefit, so long as she
remains unmarried.” Life estate determinable or fee simple determinable?
• Presumption of Fee Simple• Use and Benefit Sounds Like Life Estate• Condition is Consistent with Intent to Support• Reasonable to Think Archie would try to Protect
Gloria (not Edith’s daughter)
(O): 1st QUESTION• “To my wife Edith, for her use & benefit, so long
as she remains unmarried.”
• Majority: E = Fee Simple Determinable A G =– Remaining Future Interest in Archie passed to
Gloria through residuary clause in will
(O): 1st QUESTION• “To my wife Edith, for her use & benefit, so long
as she remains unmarried.”
• Majority: E = Fee Simple Determinable A G = Possibility of Reverter
(O): 1st QUESTION
• “To my wife Edith, for her use & benefit, so long as she remains unmarried.”
• Some: E = Life Estate Determinable A G =
(O): 1st QUESTION
• “To my wife Edith, for her use & benefit, so long as she remains unmarried.”
• Some: E = Life Estate Determinable A G = Possibility of Reverter +Reversion = Reversion (Merger) (See Problem H)
(O): 2d QUESTION: ARGUMENTS?
• Is condition restraining second marriage void as against public policy?