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Author Topic: Unity of Time Help  (Read 735 times)

1L2011

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Unity of Time Help
« on: December 11, 2008, 01:26:28 PM »
In this Hypo A and C have no unity of time, right? My definition for unity of time is that the interest of each joint tenant must be acquired or vest at the same time. What do they mean by acquire, is it just another word for vest in this interest.

O to A and B for life. At B's demise then to C

B dies 5 years later

Since C acquires his right 5 years later there is no unity of time? And A and C are thus tenants in common

dischord

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Re: Unity of Time Help
« Reply #1 on: December 11, 2008, 01:49:53 PM »
Well, assuming that this is all stated in one deed, C's interest was acquired at the same time even though it's a future interest.  His future interest was created at the same time as A and B's present interests, even if it hasn't vested.

Also I think there's a problem there either as defining A and B's relationship as a joint tenancy OR with the transfer of the interest to C, since joint tenancies are defined by right of survivorship and they cannot be devised.  If A and B have a joint tenancy, B's interest HAS to shift to A when he dies.
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1L2011

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Re: Unity of Time Help
« Reply #2 on: December 11, 2008, 02:09:55 PM »
thats what I thought at first but cali.org says that there is no unity of time because they vested at different times.

dischord

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Re: Unity of Time Help
« Reply #3 on: December 11, 2008, 02:19:08 PM »
I mean, if all you have to go on in a hypo is the statement "O to A . . . etc." that doesn't necessarily imply that C's interest was acquired at the same time as A's and B's regardless of when it vests, so I guess that makes sense.  Now, if the hypo says that this was conveyed in one deed, I don't know what to say because I've never seen anything that says that the time at which the interests vest controls, as opposed to when they were created.

Although isn't C's remainder an absolutely vested remainder, anyway?  There's no condition, and it's not subject to open.   

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