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Author Topic: Future Interests - Can u answer these?  (Read 2093 times)

Butch

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Future Interests - Can u answer these?
« on: December 23, 2007, 10:39:36 PM »
Alright, future interests for some reason do not "click" with me.  Can anyone take a crack at these?? (I know someone out there is a nerd who would find this fun :) 


1) O to A for life, then to B for the life of C.  B has a ____?

2)  A to B for life, remainder to B's surviving children.  B's children have ___


3)  T to B for life, then if B is survived by children, to such children; However, if B dies without children, then to C.

If B has no children and the conveyrance occurs before statute of uses. A=?
If B has no children and it occurs after the statute of uses. A=? C=?
If B has 6 children, after the statute of uses. A=? B's kids=? C=?


4) A to B for life, remainder to B's widow for life, remainder to C and his heirs. A is married to T.  Who has what?

5) O to A for life, then to B for life, then to C and her heirs. Later, both B and C transfer their interests to D.  A=? D =?

6) O to A for life, and one day after A's death, to the heirs of A.  A=?

7) O to A for life, then if B graduates med school, to B for life, then to the heirs of A. Before B graduates, A transfers to C.  B=?

8) O) O to A for life, remainder to the heirs of B.  O=? B's heirs =?

9) O to A for life, then if B survives A, to B and his heirs; otherwise to D and his heirs.  D=?

10) O to A for life, then to B and his heirs, but if B does not surive A, then to C and his heirs. C=?

11) O to A for life, then if B marriages before A's death, to B for life, then to C and his heirs. B= ?  C =?

12) O to A and his heirs, but if A dies without children surviving him, then to B and his heirs. A=? B=?

13) O to A for life, then one year after A's death to B and his heirs. O=?

14)  O to A for life, then to the first child of B to graduate med school. Who has what if the destructibility doctrine is in place? Who has what if it is not?

15) O to A and his heirs so long as the land is not used for commercial purposes, and if it is used for such purposes, then to B and his heirs.  O = ? B= ?

16) O to A for life, remainder to the first son of A to graduate from medical school and his heirs. A has no sons. O = ? A's sons =?

17) O to A for life, then one day after A's death, to the first son to graduate medical school. A's sons = ?

18) O to B for life, then to B's children for life, then upon the death of the last surviving child of B, to such grandkids who are living. B has no children at the time of conveyance. B's children's interest = ?

19) O to A for the life of B, then to B's heirs.  Does the Rule in Shellie's case apply? Who has what?
 


USC313

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Re: Future Interests - Can u answer these?
« Reply #1 on: December 24, 2007, 01:10:02 AM »
WHAT?!

lizette112162

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Re: Future Interests - Can u answer these?
« Reply #2 on: December 24, 2007, 02:35:19 PM »
I got a headache before I finished reading the first sentence....this is harder than a crossword puzzle...

latinlord

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Re: Future Interests - Can u answer these?
« Reply #3 on: December 25, 2007, 12:38:38 PM »
I had a hard time learning these, but what really helped was 1. Crunchtime Property book by Aspen and also 2. The future interest flashcards
 After that I got pretty good at them, plus I read my outline. Crunchtime does a good job explainng it, and the flashcards are good for practice. Let me mess around with these a bit. When is your final?? B/c it is xmas today and usually the semester and exams are over by now. I'm so glad property is done, I studied the most for it. It was my hardest final, but thankfully now. I feel like it cold possibily be my best final. I actually my professor asked more future interest questions b/c i think i did well. But we'll see in about a month when my grade comes in. I hate how my school just this year changed the curriculum to make it only 1 semester of property for 4 credits. I'm still on the two semesters worth for 6... oh well. If i do well this semester, i won't be as stressed out next semester... Now lets see if I remember this stuff: I don't think it will be perfect but should be close wiht decent analysis.

1. B has a indefeasible vested remainder subject to la atre ve of C A= life estate O= Reversion

2. A= FSA B: Life B's children has - Contingent remainder "if they are not born" but a Vested remainder subject to open if the children are born.

3. Not sure if my class did statute of uses, although i know that B=life estate children of B= contingent remainder. C= shifting executory interest A= reversion if B has no children i think either way... If B has children A gets nothing b/c B's children will have a vested remainder subject to open between them.

4. B= life B's widow - Continguent remainder if not married yet... Vested remainder subject to complete defeasense if married C- Alternative continguent remainder in FSA A&T get nothing b/c Fee simple Absolute goes to C now.

5. A- life estate, B= vested remainder for life or Contingent if B has to outlive A C= Alternative contigent remainder in FSA b/c C has to outlive B B. D gets vested remainder in FSA O= nothing b/c FSA goes to D

6. A= life A's Heirs= FSA b/c of doctrine of worthier title combines with doctrine of merger b/t A and A's heirs

7. A= life B= Continguent remainder or shifting executory interest for life A's heirs -= vested raminder in FSA given to C and so now B gets nothing and his interest is destoyed.

8. A= life B's heirs= vested remainder in FSA O= nothing b/c FSA goes to B's heirs unless B has none then O would get reversion.

9. D= Shifting executory interest in FSA b/c it breaks the "cuts shorts rule" of remainders

10. C= shifting executory interest

11. B= Contingent remainder for life C= executory interest in FSA C will get the interest but question is when either after B gets it or before if B doesn't get married.

12. A= FS determinable B= executory interest in FS

13. A= life B= springing executory interest O= reversion for the 1 year after A's death before it is given to B

14. Do you mean Rules against Perpetuities (RAP)?? A= life RAP would void other part given to B's child but if not B= continguent remainder O can get the reversion if RAP is in force.

15. O= Nothing b/c interest will go to either A's heirs or B's A= fee simple determinable B= Shifting executory interest in FSA.

16. A= life estate A's son's = Continguent remainder O= Reversion

17. A's son has a Springing executory interest.. After the 1day it will be a vested remainder subject to complete defeasense and during the 1day it will be reverted back to O.

18. B's children = Continguent remainder

19. NO.. A= life estate pur altre ve of the life of B, then B's heirs obtain a continguent remainder if B doesn't have any heirs, if B does then it is vested remainder in fee simple. There was never any future interest given to B only to B's heirs therefore rule in shellys case doesn't apply to combine B and B's heirs' interests.

Not sure how perfect, although it was fun to mess around with them again... I'd give myself at least a "B" but as my professors always say.. It is up to the curve. haha ciao y Feliz Navidad!!!
Graduated from Indiana Law - Indianapolis!!
Was a 3rd year Visiting Student at Villanova University School of Law.
Graduated from Temple University Beasley School of Law - LL.M in Trial Advocacy Candidate 2010
 Published by Chicano/Latino Law Review of UCLA LAW. & I'm a Licensed Esq. NOW!

Delusional

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Re: Future Interests - Can u answer these?
« Reply #4 on: December 25, 2007, 02:47:27 PM »
Alright, I know, I should prolly get a life since its xmas, but I like this stuff.  Hope I'm right. Here ya go!

1) O to A for life, then to B for the life of C.  B has a ____?

B has a life estate measured by Cs life.  Whenever C dies, Bs estate ends.  If B dies before C, the estate goes to Bs heirs until Cs death occurs.

2)  A to B for life, remainder to B's surviving children.  B's children have ___

Bs children have a contingent remainder in fee simple.  It is contingent on them surviving B when B dies.  Their interest is not vested just because they are born.  Their interest is vested only, and only if they are alive when B dies.  The class will also close on the death of B since B can have no more children after he dies. 
 
3)  T to B for life, then if B is survived by children, to such children; However, if B dies without children, then to C.


If B has no children and the conveyance occurs before statute of uses. A=?

The interest would still be valid despite the fact that B had no children @ the time of conveyance.  The children have a contingent remainder, contingent on surviving B.

If B has no children and it occurs after the statute of uses. A=? C=?

C has a springing executory interest because when B dies without children, instead of the land to revert to the grantor, it will spring to C. The interest to B's children would be destroyed because it will "shift" to C.

If B has 6 children, after the statute of uses. A=? B's kids=? C=?

Bs children will have a fee simple absolute, C gets nothing.[/b]

4) A to B for life, remainder to B's widow for life, remainder to C and his heirs. A is married to T.  Who has what?

B has a life estate, Bs widow has a life estate, C has a remainder in fee simple.  T gets nothing.

5) O to A for life, then to B for life, then to C and her heirs. Later, both B and C transfer their interests to D.  A=? D =?

A has a life estate, D has a life estate from the interest from B and a fee simple from the interest from C, and when D dies and the life estate ends, his heirs take the estate based on the fee simple interest conveyed from B.

6) O to A for life, and one day after A's death, to the heirs of A.  A=?

A has a life estate but the estate reverts back to the grantor for one day.  After that day, As heirs take in fee simple absolute.  (Springing executory interest.)

7) O to A for life, then if B graduates med school, to B for life, then to the heirs of A. Before B graduates, A transfers to C.  B=?

A has a life estate, B has a springing executory interest but this is weird because since A transferred his interest to C, then Bs interest becomes shifting because it will divest the grantee-C upon Bs graduation of medical school.   Regardless of all these jargon, on Bs death, As heirs take in fee simple absolute.  

8) O to A for life, remainder to the heirs of B.  O=? B's heirs =?

A has a life estate, Bs heirs have a remainder in fee simple absolute.

9) O to A for life, then if B survives A, to B and his heirs; otherwise to D and his heirs.  D=?

A has a life estate, B has a contingent remainder in fee simple absolute, D has an alternate contingent remainder in fee simple absolute.  Ds remainder is contingent on B not surviving A.

10) O to A for life, then to B and his heirs, but if B does not survive A, then to C and his heirs. C=?

A has a life estate, B has a fee simple absolute, C has a contingent remainder in fee simple absolute.

11) O to A for life, then if B marriages before A's death, to B for life, then to C and his heirs. B= ?  C =?

A has a life estate, B has a life estate and shifting executory interest since it cuts As estate short, C has a fee simple absolute.

12) O to A and his heirs, but if A dies without children surviving him, then to B and his heirs. A=? B=?

A has a life estate; B has a contingent remainder in fee simple.  Contingent on A dying without children.

13) O to A for life, then one year after A's death to B and his heirs. O=?

O has reversion.  B has a springing executory interest because it springs from the grantor, O, one year after As death.

14)  O to A for life, then to the first child of B to graduate med school. Who has what if the destructibility doctrine is in place? Who has what if it is not?

If at the time of As death, no child of B has graduated from Med school, the rule of destructibility of contingent remainders will render the interest to that child invalid.  If the rule was not in place, then at As death, the land reverts back to the grantor and Bs first child to graduate Med school has a springing executory interest.  

15) O to A and his heirs so long as the land is not used for commercial purposes, and if it is used for such purposes, then to B and his heirs.  O = ? B= ?

A has a fee simple determinable and upon the happening of the condition, B gets a fee simple absolute.  O, the grantor has nothing.

16) O to A for life, remainder to the first son of A to graduate from medical school and his heirs. A has no sons. O = ? A's sons =?

The estate reverts back to the grantor, O, As sons gets nothing (hell, he doesnt even have one!)

17) O to A for life, then one day after A's death, to the first son to graduate medical school. A's sons = ?

As sons have a springing executory interest in fee simple.

18) O to B for life, then to B's children for life, then upon the death of the last surviving child of B, to such grandkids who are living. B has no children at the time of conveyance. B's children's interest = ?

Just because B did not have children at the time of conveyance does not mean anything.  B is a measuring life, so wed have to wait until B dies before we determine if he had any children.  Their interest is a contingent remainder anyway because it is contingent on B dying with or without children before we can determine what happens to their interest.

19) O to A for the life of B, then to B's heirs.  Does the Rule in Shellie's case apply? Who has what?

The rule in Shelleys case does not apply.  It would apply only if the instrument said To B for life, then to Bs heirs but thats not what it says. 

A has a life estate measured by the life of B, when B dies, As estate ends and the estate goes to Bs heirs.  If A dies before B, As heirs get the life estate until B dies.