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Author Topic: Property Help - Any suggestions  (Read 2736 times)

slacker

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Re: Property Help - Any suggestions
« Reply #10 on: March 05, 2008, 02:40:17 PM »
2. G to A for life, then to B's children for life, but if B's children stop visiting their grandmother, to C and his heirs; B has one child

A has present LE, B's children have future LE subject to exec. interest, C has shifting executory interest in FS. I'm pretty sure this executory interest is wiped out by RaP b/c B could potentially have more children, and grandma could outlive the other ascertained lives in being. Therefore, G would have a reversion in FS.

I don't agree on the RAP analysis on this one. Even though B could have more children, the death of B or the Rule of Convenience would close the class to the then-existing children at the time the LE came into being. There's a currently ascertained life in being, so not a RAP problem. Grandma could outlive the kids, but Grandma's not going to get the estate.

C's got a contingent remainder that could possibly be destroyed (rule of destructability in contingent remainders) if C dies off(or C and heirs die off) prior to B's children's life estate ending.

If C's remainder fails, then G (or heirs) has the reversion in FS.

Overall, though, nice job.

bb

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Re: Property Help - Any suggestions
« Reply #11 on: March 05, 2008, 05:25:54 PM »
I guess my main problem with #2 is C's interest.  I think C has a shifting exectory interest.  So we must apply RAP.  B's children's lives wouldn't save the interest, because they're an open class.  So does it fail RAP (disregard destructibility)?  I think the grandmother's death would save the interest.  Once she dies, the children cannot visit her anymore, so C's interest would vest.  Does this make sense?


I've noticed that a lot of professors/books/supplements use slightly different terms and analysis, so I just wanted to bounce around some idea here.

Mifflin

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Re: Property Help - Any suggestions
« Reply #12 on: March 06, 2008, 06:17:18 PM »
For class, I am using Property by Dukeminier. Specifically, I am looking for either a commercial study aid that provides answers to the problems in the book (our teacher doesn't go over everything and I like to self-check my work) or a god guide that offers a lot of problem with explanation...Im talking future interest type problems. Thanks!

If interested in the supplement that has all the answers to problems in the Dukeminier casebook as well as case summaries, PM me.

BSS

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Re: Property Help - Any suggestions
« Reply #13 on: March 08, 2008, 08:03:56 PM »

 I had two questions on executory interests.

       1)  O conveys to " A for life, then to A's children and their heirs, but if at A's death he is not survived by
         any children, then to B and his heirs." A has no children at the time of the conveyance. What is the state of
         the title?

                - I thought A's children would have a contingent remainder in fee simple, and B would have a shifting
                executory interest in fee simple.

       2)  O conveys to " A for life, then to such of A's children as survive him, but if none of A's children survive
          him, to B and his heirs." A is alive, and has two children C and D. What is the state of the title?

                -  I thought C and D would have a contingent remainder in fee simple, and I guessed that B would also
have a contingent remainder in fee simple.

LawSchoolStrategies.com

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Re: Property Help - Any suggestions
« Reply #14 on: March 11, 2008, 12:54:41 AM »
Without question, the Gilbert's Outline for Property is the best study aid for that class. In fact, I think that this is the best Gilbert's for any class in law school. It contains everything you need to know.

Good luck.
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