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Author Topic: Does anyone know where I can find future interest multiple choice questions...  (Read 663 times)

gcoswaltiii

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My property exam in Friday and this will be a large portion of the exam.  If anyone has any ideas I would appreciate it.  Good luck on your exams....

dft

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 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.)

dft

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 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.

jacy85

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The seigel's property book has good essay questions, and has over 100 MC questions, a good number of which deal with future interests.

gcoswaltiii

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These are great!!!  Thanks for all of your help...

dft

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These are great!!!  Thanks for all of your help...

No prob. Thank my prof. The E&E is good too.