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Messages - dft

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41
Studying and Exam Taking / Re: Finals
« on: April 27, 2006, 01:12:38 AM »
My property exam tested on about 3 chapters of the book.  We covered about 20.  But I'm not pissed off about it.  Uh uh....  >:(

On to civpro and the oh-so-fun FRCP.  Joy.

How is that possible? Did you have any idea it would happen?

Which 3 chapters?

Let me guess - adverse possession, easements, and covenants? (maybe landlord tenant?)

42
 The Fee Tail Estate

In Massachusetts, O conveyed to A and the heirs of his body.

(1) A died leaving son B surviving him. Describe the state of the title.
[B has a fee tail; O has a reversion which will become possessory when the lineal descendants run out.]

(2) A died. A had a son B born to him, but B predeceased A. Describe the state of the title.
[No lineal descendants; reverts to O.]

(3) A died. A had a son B born to him, but B predeceased A. B, however, had a son C who survived A. Describe the state of the title.
[Estate passes to C -- fee tail]

(4) A transfers the estate to D prior to his death. A had a son B surviving him.
Describe the state of the title.
[Fee tail destroyed upon inter vivos transfer to D under MA law]


Life Estate -

O is the owner in fee simple absolute.

1. O conveys to A for life. What is the state of the title?
[Life estate in A; reversion in O]

2. A dies. What is the state of the title?
[O has fee simple absolute]

3. O conveys to A for life. A conveys to B for A's life.
Describe the state of the title.
[A life; B life estate measured by A's life -- Life estate Per Autre Vie]

4. What is the state of the title if A dies before B?
What is the state of the title if B dies before A?
[Property reverts back to O. Property cannot revert back to A b/c A did not keep a reversion; will go to B's devisees or heirs until A's death and then to O.]



Reversionary Interests

O is the owner in fee simple absolute. What reversionary interest, if any, is created by the following transfer? Who owns the reversionary interest?

(1) To A and his heirs.
[No reversionary interest -- fee simple absolute]

(2) To A and the heirs of his body.
[O has a reversion; fee tail estate in A]

(3) To A for life.
[O has a reversion]

(4) To A for life, then to B and his heirs.
[No reversion; B has a vested remainder]

(5) To A and his heirs so long as the land is used for residential purposes.
[O -- possibility of reverter]

(6) To A and his heirs on condition that the property conveyed be used for residential purposes, but if not so used O may reenter and possess the premises.
[O right of reentry]

(7) To A for life on condition that A reside on the land, but in the event A does not do so, O may reenter and possess the premises.
[O has right of reentry and reversion]

Remainders

Identify the type of remainder, if any, in the following conveyances by O (the fee simple absolute owner). (Note Rule in Shelleys Case and Doctrine of Worthier Title are in effect):

(1) To A for life, then to B and his heirs.
[Vested remainder]

(2) To A for life.
[No remainder]

(3) To A for life. O then transfers all of O's right, title and interest in the land to B.
[Not same time or instrument; so no vested remainder in B; B steps in the shoes of O and owns a reversion in fee simple absolute].

(4) To A and the heirs of his body, then to B and his heirs.
[fee tail; vested remainder -- natural termination of the preceding estate].

(5) To A for ten years, then to B and his heirs.
[term of years; vested remainder]

(6) To A for life, then to B for life, then to C and her heirs.
[A -- life estate; B has a vested remainder for life; C vested remainder in fee simple]

(7) To A for life, then if B survives A to B and his heirs
[Contingent remainder -- condition precedent]

(8) To A for life, then to B, and then to C and her heirs.
[B has a vested remainder for life; C a vested remainder in fee simple].

(9) To A for life, then to the children of B and their heirs. B is living and has one child, X.
[Vested remainder subject to open]

(10) Same conveyance as in (9), but another child, Y, is born to B. A dies one year later, followed by the birth of Bs third child, Z. Describe the state of the title.
[X and Y vested remainders that become fee simple estates; Z nothing -- class closes on A's death in most jurisdictions ]

(11) To A for life, then to B and his heirs, but if B uses premises for the sale of liquor, O shall have the power to enter and repossess the premises.
[Vested remainder subject to divestment] (When interest becomes possessory, its a fee simple subject to divestment.)

(12) To A for life, but if B marries before A dies then to B and his heirs.
[B has an executory interest not a remainder b/c B's interest may cut short A's prior life estate subject to executory limitation]

(13) To A for life, then to B and his heirs if B attains age 21.
[Contingent remainder -- condition precedent]

(14) To A for life then, if a child is born to B to B and her heirs.
At the time of the conveyance B is childless.
[Contingent remainder in B -- condition precedent and takers unascertained]

(15) O conveys to A for life, then to the children of B and their heirs. B is childless.
[Contingent remainder -- taker unascertained]

(16) O conveys to A for life then to the eldest son of B and his heirs (B is childless). A dies; B is still childless.
[Property reverts back to O on A's death. O has a fee simple subject to an executory limitation, with an executory interest in B's eldest son that would vest and become possessory if B ever has a son during her lifetime -- contingent remainder not destroyed].

(17) O conveys to A for life, then to A's heirs .
[Under Rule in Shelley's Case, remainder placed in A personally and not in A's heirs. Remainder merges w/ lie estate to create a fee simple absolute in A. Can be avoided by creating leasehold for fixed term in A rather than life estate. Modern analysis -- A's heirs have a contingent remainder]

(18) O conveys to A for life, then to B for life, then to As heirs.
[No merger under Rule in Shelley's case b/c B has an intervening life estate; A has final remainder]

(19) To A for life, then to B and his heirs, but if B does not survive A, then to C and her heirs.
[Vested remainder subject to divestment b/c of wording -- B loses her interest if a subsequent event happens; C has a shifting executory interest. Courts may use discretion in classifying interest]

(20) To A for life, then to B and his heirs if B survives A if not then to C and his heirs if C survives B.
[alternating contingent remainders -- courts may use discretion]

(21) To A for life, then to the heirs of O.
[Under Doctrine of Worthier Title, A has a life estate and O has a reversion and can dispose of it as he wishes. Majority view].

Executory Interests

(1) O to A and his heirs after the marriage of A to B.
[springing executory interest in A]

(2) O to A and his heirs, but if A dies childless, then to B and his heirs. Describe the state of the title.
[shifting executory interest in B]

(3) See #16 & 19 above under remainders.

43
 When asked to describe the state of the title, please identify both the estate (present interest) and any future interest.

The Fee Tail Estate

In Massachusetts (fee tail recognized, but can be converted to FSA), O conveyed to A and the heirs of his body.

(1) A died leaving son B surviving him. Describe the state of the title.

(2) A died. A had a son B born to him, but B predeceased A. Describe the state of the title.

(3) A died. A had a son B born to him, but B predeceased A. B, however, had a son C who survived A. Describe the state of the title.

(4) A transfers the estate to D prior to his death. A had a son B surviving him. Describe the state of the title.


Life Estate -

O is the owner in fee simple absolute.

1. O conveys to A for life. What is the state of the title?

2. A dies. What is the state of the title?

3. O conveys to A for life. A conveys to B for As life.
Describe the state of the title.

4. What is the state of the title if A dies before B?
What is the state of the title if B dies before A?


Reversionary Interests

O is the owner in fee simple absolute. What reversionary interests if any are created by the following transfers? Who owns the reversionary interests?

(1) To A and his heirs.

(2) To A and the heirs of his body.

(3) To A for life.

(4) To A for life, then to B and his heirs.

(5) To A and his heirs so long as the land is used for residential purposes.

(6) To A and his heirs on condition that the property conveyed be used for residential purposes, but if not so used O may reenter and possess the premises.

(7) To A for life on condition that A resides on the land, but in the event A does not do so, O may reenter and possess the premises.

Remainders

Identify the type of remainder, if any, in the following conveyances by O (the fee simple absolute owner) (Note: the Rule in Shelleys case and the Doctrine of Worthier Title are in effect):

(1) To A for life, then to B and his heirs.

(2) To A for life.

(3) To A for life. O then transfers all of O's right, title and interest in the land to B.

(4) To A and the heirs of his body, then to B and his heirs.

(5) To A for ten years, then to B and his heirs.

(6) To A for life, then to B for life, then to C and her heirs.

(7) To A for life, then if B survives A to B and his heirs.

(8) To A for life, then to B, and then to C and her heirs.

(9) To A for life, then to the children of B and their heirs. B is living and has one child, X.

(10) Same conveyance as in (9), but another child, Y, is born to B. A dies one year later, followed by the birth of Bs third child, Z. Describe the state of the title.

(11) To A for life, then to B and his heirs, but if B uses premises for the sale of liquor, O shall have the power to enter and repossess the premises.

(12) To A for life, but if B marries before A dies then to B and his heirs.

(13) To A for life, then to B and his heirs if B attains age 21.

(14) To A for life then, if a child is born to B to B and her heirs.
At the time of the conveyance B is childless.

(15) O conveys to A for life, then to the children of B and their heirs. B is childless.

(16) O conveys to A for life then to the eldest son of B and his heirs (B is childless). A dies; B is still childless.

(17) O conveys to A for life, then to A's heirs.

(18) O conveys to A for life, then to B for life, then to As heirs.

(19) To A for life, then to B and his heirs, but if B does not survive A, then to C and her heirs.

(20) To A for life, then to B and his heirs if B survives A; if not then to C and his heirs if C survives B.

(21) To A for life, then to the heirs of O.


Executory Interests
Identify the executory interest (Note: Statute of Uses in effect):

1. O to A and his heirs after the marriage of A to B.
.
2. O to A and his heirs, but if A dies childless, then to B and his heirs.

3. See # 16 & 19 above under remainders.

(ANSWERS BELOW.)

44
General Board / Re: What can you do to push and motivate yourself?
« on: April 25, 2006, 04:25:12 PM »
words of wisdom. truly motivating.

have you considered a career as a motivational speaker?

 ;)

stick to a hobby you like, keep good positive company, smoke a lot of camels, drink a LOT of redbull, work out, masterbate, go out at least 1 time a month to the poorest area of town and look at the people, remind yourself that you dont want to be there/go back there...

Oh yea, asian threesomes work well

45
General Board / Re: how long take your guys to prepare LSAT
« on: April 16, 2006, 11:09:02 AM »
This is horrible reasoning. Law school is very competitive. However, the LOWER RANKED SCHOOLS ARE EVEN MORE COMPETITIVE THAN THE TOP RANKED SCHOOLS. People at the top ranked schools know they are all getting good jobs. At the lower ranked schools, people are fighting it out for the good jobs.

Do as well on the LSAT as you can and go to the best school you get into.

I didn't prep at all...  Not one book, I only took the practice LSAT at my UG, and then one practice test.  My justification for this is that everyone can prep, and you can drastically improve your score between 5 and 13 points for your natural ability.  The next step is to apply to your target schools, and get into the best one you can, meaning you will probably be sub 25% LSAT if you have a high GPA or vice versa in some manner, but take the best school.  However, I feel that this will place you in a very competetive environment, as you will have students that scored much better, and it may put you at a disadvantage.  My plan is to probably attend a school where I feel I will be in a solid position to fight for the top spots in my class if I apply myself.  But thats just my take on it. 

46
General Board / Re: property supplement
« on: April 15, 2006, 11:42:18 PM »
I've used Understanding Property Law by Sprankling. I got an A last semester on a C- curve and used the supplement exclusively

That's insane. That's like getting an A+++++ on a regular, undergrad curve.

typo there, I meant C+...that would be insane if that were the case

yea. i actually should have called BS on that because i highly doubt any school has a C- curve. haha.

my school has a B- (2.7) curve and that is very low. a 3.35 puts you in the top 5%.

47
General Board / Re: property supplement
« on: April 15, 2006, 02:53:29 AM »
Understanding Property Law by Sprankling is very good.

The E&E is very good, but weaker in some areas (e.g. covenants). On the plus side: it has hypos. I think it's very strong on estates and future interests. Very simple explanation of EFI's and good hypos.

Gilberts on Property is good too. If you are going to pick one I would probably go with Understanding Property Law (depending on your needs though).

48
General Board / Re: property supplement
« on: April 15, 2006, 02:50:14 AM »
I've used Understanding Property Law by Sprankling. I got an A last semester on a C- curve and used the supplement exclusively

That's insane. That's like getting an A+++++ on a regular, undergrad curve.

49
General Board / Re: Boston Legal Market
« on: April 15, 2006, 02:40:50 AM »
Try the Turkey Carver on honey wheat.

oh man you just made me really hungry. havent had one of those in years but i used to love them.

50
General Board / Re: Law School Weekends
« on: April 10, 2006, 07:10:26 PM »
Does anyone just put the books away and enjoy themselves on the weekend? I plan on approaching law school like a full time job: Wake up by 9 am everyday Monday-Friday, study, go to daily classes, study more until I go to sleep. If this were my daily schedule Monday-Friday would I be able to enjoy my weekends, relax, visit the girlfriend (who will be a little about 2 hours away). Is this a realistic approach or is this not possible. I am going to be a 1L in the fall. Thanks!

You wake up at 9 am for your full time job?

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