Confused about 2 questions:1. O conveys blackacre to Church unless Church prohibits singing. At time of conveyance Church allows singing. Why wouldn't this be a fee simple determinable? 2. O to A for life, then to B so long as B continues to care for my elderly mother. Is B's interest vested remainder in fee simple determinable or life estate in fee simple determinable?(* Yes the commas have been correctly placed / omitted)
My casebook specifically lists "unless" as an indication of fee simple determinable. Glad I read this too, because I assumed it would lead to condition subsequent.
Quote from: eli250 on December 04, 2006, 11:17:48 PMMy casebook specifically lists "unless" as an indication of fee simple determinable. Glad I read this too, because I assumed it would lead to condition subsequent.Which casebook do you use out of curiosity? I think we used Dukeminier and Krier 5th ed. last year, and according to my notes "until" made a fee simple determinable, but it didn't address "unless" at all. Glad I'm not going into real estate law.
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