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Author Topic: I'm about to convey a bullet to my brain... in fee... please help.  (Read 480 times)

fljames989

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I hate RAP.

For those of you that have BarBri first year review page 31 says, "Executory Intesrest Following Defeasible Fee Violates the Rule."

The example they give has to do with a conveyance, "To J for so long as no marijuana is smoked on the premises, then to C." They claim this violates RAP because someone might "light up" years after J and C die.

But how would this apply if the contingency is not tied to the property but rather to lives in being?

Example:
O conveys "to A for life, then to A's children (a, b, c), but if A's children smoke marijuana, then the part of who ever smoked marijuana to their children."

I think in this case, and I might be wrong, the life in beings are A, B, C. And they will all be dead an incapable of smoking marijuana 21 years after their death, so no rule violation.

However, I migth be wrong in assuming that the rule warrants the death of all the children? If it's only the first one, (i.e. A dies first) then I could see how the rule might be violated since B or C might toke up in the very distant future.

Please help.

Final on wednesday, going crazy.

dbgirl

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Re: I'm about to convey a bullet to my brain... in fee... please help.
« Reply #1 on: December 11, 2005, 11:00:15 PM »
A class cannot be a validating life (or lives) unless the class is closed at the effective date of the grant. As long as A is still alive, the class of his children are not closed.
Seriously, google RAP if you want help. I think it helped me to just look at as many examples as possible.
When you have somebody dying because they are poor and black or poor and white or because of whatever they are ... that erases everything that's great about this country.

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fljames989

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Re: I'm about to convey a bullet to my brain... in fee... please help.
« Reply #2 on: December 11, 2005, 11:19:53 PM »
Well, that doens't really answer my question. What if the conveyance was "to B for life, then to A's (who is dead) children (a, b, c), but if A's children smoke marijuana, then the part of who ever smoked marijuana to their children."

And we can say that A is dead.

Then who are the life in being (lives)? Is it at the death of the first in the class, or the whole class that we run the 21 years?