Law School Discussion

HELP: Future interest question

HELP: Future interest question
« on: December 03, 2005, 05:36:36 PM »
Husband conveys: To Wife for life, then to A,B,C, but if any children smoke crack, then that childs share shall pass to his/her children in fee, and if he/she has no children, then to that child's siblings so alive.

What interests are created?

Re: HELP: Future interest question
« Reply #1 on: December 04, 2005, 03:40:04 PM »
Wife has a life estate.
Husband has nothing.

A/B/C are tenants in common to a Vested Remainder in a Fee Subject to an Executory Limitation each with a 1/3rd share.
It would be a Vested Remainder-Subject To Open if A/B/C are the children of Husband and Wife. Husband and wife are the determiners of the class and can have more children.

The children of A/B/C have an Shifting Executory Interest to the 1/3rd share in FSA.
The wording in your fact pattern is a bit off but if I am reading it correctly, A/B/C would also have a Shifting EI in a 1/3rd share.

I'm still a bit confused as to who is who (you keep using children ambiguously) so I'm not going to get into potential RAP violations.