weekend schedule class: saturday 9:00 a.m.-10:20 a.m. office hours (room 263) –saturday 11-2...

Weekend Schedule

• Class: Saturday 9:00 a.m.-10:20 a.m.

• Office Hours (Room 263)– Saturday 11-2– Sunday 2-4:30

• New on Course Page: Comments & Corrections on Wendell Book

PROBLEMS IJKfeaturing

Blue People Group

(I) O conveys "to J and her heirs so long as the premises are not used for sale of beer, wine, or liquor, and if beer, wine, or liquor is sold on the premises, O retains a right to re-enter the premises." J opens a restaurant that serves several dishes cooked with wine or flamed with brandy and at Sunday brunch offers a free glass of cham- pagne. The restaurant is successful, and 11 years after its opening D wants to buy it and add a bar. Advise D.

PROBLEM I: MULTI-STEP ANALYSIS

• FSD or FSCS?

• CONDITION VIOLATED?

• EFFECT OF VIOLATION?

• ADVICE RE PURCHASE

PROBLEM I: MULTI-STEP ANALYSIS

• FSD or FSCS?• CONDITION VIOLATED?

• EFFECT OF VIOLATION?

• ADVICE RE PURCHASE

(I): O “To Julia and her heirs so long as the premises are not used for sale of beer, wine, or liquor, and if beer, wine, or liquor is sold on the premises, Orrin retains a right to re-enter the premises."

Does Orrin’s interest vest automatically (FSD) or does he

have to act (FSCS)?

(I): “To Julia and her heirs so long as the premises are not used for sale of beer, wine, or liquor, and if beer, wine, or liquor is sold on the premises Orrin retains a right to re-enter the premises."

Does interest vest automatically or does Orrin have to act?

•“So long as” suggests automatic

•“Right to re-enter” suggests needs to act

• Most states: presumption that needs to act

PROBLEM I: MULTI-STEP ANALYSIS

• FSD or FSCS?

• CONDITION VIOLATED?• EFFECT OF VIOLATION?

• ADVICE RE PURCHASE

(I): O “To J … so long as … premises are not used for sale of beer, wine, or liquor, and if beer, wine, or liquor is sold on ... premises O retains a right to re-enter….” DOES IT VIOLATE GRANT IF J’s restaurant:(i) serves several dishes cooked with wine or flamed with brandy? (ii) at Sunday brunch offers complimentary glass of champagne?

PROBLEM I: MULTI-STEP ANALYSIS

• FSD or FSCS?

• CONDITION VIOLATED?

• EFFECT OF VIOLATION?• ADVICE RE PURCHASE

(i): “To J … so long as … premises are not used for sale of beer, wine, or liquor, and if beer, wine, or liquor is sold on ... premises O retains a right to re-enter….” J’s restaurant serves dishes cooked with wine/brandy and offers complimentary glass of champagne. IF VIOLATION, RESULT?

If O has Possibility of Reverter?

If O has Right of Entry?

PROBLEM I: MULTI-STEP ANALYSIS

• FSD or FSCS?

• CONDITION VIOLATED?

• EFFECT OF VIOLATION?

• ADVICE RE PURCHASE

11 years after its opening Donald wants to buy

restaurant and add a bar. Advise Donald.

Plausible Advice to Donald Includes:

• Buy both present estate and future interest

• Serve free liquor & raise prices

• Make purchase contingent on J winning suit re adverse possession/waiver/etc.

EXECUTORY INTERESTS

• Future interest in grantee

• Cuts off prior vested interest rather than waiting for it to expire naturally.

Pre-1536 Limitations on Future Interests in Grantees

• Must follow finite estate

• Must be capable of taking effect at the expiration of preceding estate

• Must not take effect before the expiration of the preceding estate

EXECUTORY INTERESTS

• Future interest in grantee

• Cuts off prior vested interest rather than waiting for it to expire naturally.

• Shifting Executory Interest cuts off another grantee

EXECUTORY INTERESTS

• Future interest in grantee

• Cuts off prior vested interest rather than waiting for it to expire naturally.

• Shifting Executory Interest cuts off another grantee

• Springing Executory Interest cuts off grantor

EXECUTORY INTERESTS(EXAMPLES)

• Shifting Executory Interest: To Justin & his heirs so long as

no tobacco is grown on the land, otherwise to Eric and his heirs.

EXECUTORY INTERESTS(EXAMPLES)

• Shifting Executory Interest: To Justin & his heirs so long as no tobacco is grown on the land, otherwise to Eric and his heirs.

• Springing Executory Interest: To Crystal if she passes the

California bar exam.

(F) Reggie “to Veronica for life, then to Betty and her heirs if Betty attains the

age of 21.”

Veronica: Life Estate

Betty: Contingent Remainder in Fee Simple

Reggie: Reversion

What happens if Veronica dies when Betty is 17?

(F) Reggie “to Veronica for life, then to Betty and her heirs if Betty attains the

age of 21.”

What happens if Veronica dies when Betty is 17? (Common Law):

If contingency not met when prior estate ends, contingent remainder is destroyeddestroyed.Betty has nothing.

Reggie has fee simple absolute.

DOCTRINE OF DESTRUCTABILITY OF

CONTINGENT REMAINDERS

If contingency not met when prior estate ends, contingent

remainder is destroyeddestroyed

DOCTRINE OF DESTRUCTABILITY OF

CONTINGENT REMAINDERS

Overruled by statute or caselaw in every American jurisdiction

except Florida

(F) Reggie “to Veronica for life, then to Betty and her heirs if Betty attains the

age of 21.”

What happens if Veronica dies when Betty is 17? (Modern View):

If contingency not met when prior estate ends, we wait to see if it is met later.Betty’s remainder becomes an executory interest.

Reggie has fee simple on executory limitation

(F) Reggie “to Veronica for life, then to Betty and her heirs if Betty attains the

age of 21.”

Veronica dies; Betty is 17 (Modern View)

“At Common Law”

v.

“Today”

Default Estate“At Common Law” v. “Today”

Life Estate Fee Simple

“to X and the Heirs of his Body”“At Common Law” v. “Today”

Created a Traditional

Fee Tail

Traditional Fee Taileliminated;

state statutes provide

different results when

this language used

Doctrine of Destructability of Contingent Remainders

“At Common Law” v. “Today”

Appliedeverywhere

Eliminated in allstates except

Florida

DOCTRINE OF DESTRUCTABILITY OF

CONTINGENT REMAINDERS(Second Common Application)

Where there is a life estate, a contingent remainder, and a reversion, and the life estate

and reversion merge into a fee simple, the contingent remainder is destroyed

(F) Reggie “to Veronica for life, then to Betty and her heirs if Betty attains the

age of 21.”

Veronica buys R’s reversion (Destructability)

(F) Reggie “to Veronica for life, then to Betty and her heirs if Betty attains the age

of 21.”

Veronica buys R’s reversion (Modern View)

(J): Mary "to Rhoda for life, then to Ted if Ted gives Mary a proper

funeral."

Rhoda?

(J): Mary "to Rhoda for life, then to Ted if Ted gives Mary a proper

funeral."

Rhoda: Life Estate

Ted?

(J):Mary "to Rhoda for life, then to Ted if Ted gives Mary a proper

funeral."

Rhoda: Life Estate

Ted?: Contingent Remainder (in f.s.)

Other?

(J): Mary "to Rhoda for life, then to Ted if Ted gives Mary a proper funeral."

Rhoda: Life Estate

Ted?: Contingent Remainder (in f.s.)

Mary: Reversion

(J): Mary "to Rhoda for life, then to Ted if Ted gives Rhoda a proper

funeral."

Rhoda: Life Estate

What difference does change make?

(J): Mary "to Rhoda for life, then to Ted if Ted gives Rhoda a proper funeral."

Rhoda: Life Estate

What difference does change make?

Ted can’t possibly give Rhoda a proper funeral by the time Rhoda dies. Thus, Ted’s interest cannot be a remainder; there will be a gap between the end of the life estate and Ted’s interest. So Ted has …?

(J): Mary "to Rhoda for life, then to Ted if Ted gives Rhoda a proper

funeral." Rhoda: Life Estate

Mary: Reversion

Ted: Springing Executory Interest (in f.s.)

EXAM TIP: USE COMMON SENSE!!

• Can’t give a proper funeral to a person until after death

EXAM TIP: USE COMMON SENSE!!

• Can’t give a proper funeral to a person until after death.

• If an interest is conveyed in a will, the grantor is dead.

(K): “To George for life, then to Kramer and his heirs; but if

Kramer does not attain the age of 21, then to Elaine and her heirs."

Kramer is 15 years old.

George?

(K): “To George for life, then to Kramer and his heirs; but if Kramer does not attain the age of 21, then to Elaine and her heirs." Kramer is 15 years old.

George: Life Estate

Kramer?

(K): “To George for life, then to Kramer and his heirs; but if Kramer does not attain the age of 21, then to Elaine and her heirs."

Kramer is 15 years old.

George: Life Estate

Kramer: Vested Remainder (in f.s.) subject to divestment

Elaine?

(K): “To George for life, then to Kramer and his heirs; but if Kramer does not attain the age of 21, then to Elaine and her heirs."

Kramer is 15 years old.

George: Life Estate

Kramer: Vested Remainder (in f.s.) subject to divestment

Elaine: Shifting executory interest (in f.s.)

CONTINGENT REMAINDER v. VESTED REMAINDER SUBJECT TO DIVESTMENT

(1) To A for life, then to B & her heirs if she turns 21, but if B dies before 21, then to C

and his heirs.

(2) To A for life, then to B & her heirs, but if B dies before 21, then to C & his heirs.

CONTINGENT REMAINDER v. VESTED REMAINDER SUBJECT TO DIVESTMENT

(1) To A for life, then to B & her heirs if she turns 21, but if B dies before 21, then to C and his heirs.

(2) To A for life, then to B & her heirs, but if B dies before 21, then to C & his heirs.

A alive; B dies at 17:

(1+2) B gets 0; C gets fee simple at A’s death

CONTINGENT REMAINDER v. VESTED REMAINDER SUBJECT TO DIVESTMENT

(1) To A for life, then to B & her heirs if she turns 21, but if B dies before 21, then to C and his heirs.

(2) To A for life, then to B & her heirs, but if B dies before 21, then to C & his heirs.

A alive; B dies at 17: B gets 0; C gets fee simple at A’s death

A alive; B turns 21:

(1+2) B has vested remainder; C’s interest fails

CONTINGENT REMAINDER v. VESTED REMAINDER SUBJECT TO DIVESTMENT

(1) To A for life, then to B & her heirs if she turns 21, but if B dies before 21, then to C and his heirs.

(2) To A for life, then to B & her heirs, but if B dies before 21, then to C & his heirs.

A dies; B is 17

(1) Grantor has fee simple on executory limitation; B & C have springing executory interests.

CONTINGENT REMAINDER v. VESTED REMAINDER SUBJECT TO DIVESTMENT

(1) To A for life, then to B & her heirs if she turns 21, but if B dies before 21, then to C and his heirs.

(2) To A for life, then to B & her heirs, but if B dies before 21, then to C & his heirs.

A dies; B is 17

(1) Grantor has fee simple on executory limitation; B & C have springing executory interests.

(2) B has fee simple on executory limitation; C has shifting executory interest.

VESTED REMAINDER SUBJECT TO DIVESTMENT v. VESTED REMAINDER IN

FEE SIMPLE ON EXECUTORY LIMITATION

To A for life, then to B & her heirs, but if B dies before turning 21, then to C & his heirs.

Condition can occur before B obtains possession.

VESTED REMAINDER SUBJECT TO DIVESTMENT v. VESTED REMAINDER IN

FEE SIMPLE ON EXECUTORY LIMITATION

To A for life, then to B & her heirs, but if B dies before 21, then to C & his heirs.

Condition can occur before B obtains possession.

To A for life, then to B & her heirs, but if B ever uses the land for commercial purposes, to C & his

heirs.

Condition cannot occur before B obtains possession.

COMMON MISTAKESCOMMON MISTAKES

Contingent Remainder Subject to Open

Contingent Remainder Subject to Divestment

Executory Interest Subject to Divestment

COMMON MISTAKESCOMMON MISTAKES

Contingent Remainder Subject to Open

Contingent Remainder Subject to Divestment

Executory Interest Subject to Divestment

PROBLEMS LMNfeaturing

The Return of Red

(L): Daffy "to Tweety for life, then to such of Tweety's children as survive him, but if none of Tweety's children survives him,

then to Peggy and her heirs." Tweety has 2 children, Heckle and Jeckle.

Tweety?

(L): Daffy "to Tweety for life, then to such of Tweety's children as survive him, but if none of Tweety's children survives him,

then to Peggy and her heirs." Tweety has 2 children, Heckle and Jeckle.

Tweety: Life Estate

Tweety’s Children?

(L): Daffy "to Tweety for life, then to such of Tweety's children as survive him, but if none of Tweety's children survives him,

then to Peggy and her heirs." Tweety has 2 children, Heckle and Jeckle.

Tweety: Life Estate

Tweety’s Children: Contingent remainders (in f.s.)

(must survive Tweety)

Peggy?

ALTERNATIVE CONTINGENT REMAINDERS

Two contingent remainders for which the event that causes each one to vest will destroy the other.

ALTERNATIVE CONTINGENT REMAINDERS

Two contingent remainders for which the event that causes each one to vest will destroy the other.

Here, either (1) Tweety will be survived by children (who would then take) or (2) he won’t (Peggy takes)

These are the only two possibilities.

(L): Daffy "to Tweety for life, then to such of Tweety's children as survive him, but if none of Tweety's children survives him,

then to Peggy and her heirs." Tweety has 2 children, Heckle and Jeckle.

Tweety: Life Estate

Tweety’s Children: Contingent remainders (in f.s.)

(must survive Tweety)

Peggy: Alternative contingent remainder (in f.s.)

Other?

(L): Daffy "to Tweety for life, then to such of Tweety's children as survive him, but if none of Tweety's children survives him,

then to Peggy and her heirs." Tweety has 2 children, Heckle and Jeckle.

Tweety: Life Estate

Heckle/Jeckle: Contingent remainders (in f.s.)

(must survive Tweety)

Peggy: Alternative contingent remainder (in f.s.)

Daffy: Reversion (even when Alternate contingent remainders)

(L): Daffy "to Tweety for life, then to such of Tweety's children as survive him, but if none of Tweety's children survives him, then to Peggy

and her heirs." Tweety: Life Estate

Heckle/Jeckle: Contingent remainders (in f.s.)

(must survive Tweety)

Peggy: Alternative contingent remainder (in f.s.)

Daffy: Reversion

(M): Amanda "to Billy for life, then to Billy's children and their heirs, but if at Billy's

death he is not survived by any children, then to Jo and her heirs."

Billy has no children.

Billy?

(M): Amanda "to Billy for life, then to Billy's children and their heirs, but if at Billy's

death he is not survived by any children, then to Jo and her heirs."

Billy has no children.

Billy: Life Estate

Billy’s children?

(M): Amanda "to Billy for life, then to Billy's children and their heirs, but if at Billy's

death he is not survived by any children, then to Jo and her heirs."

Billy has no children.

Billy: Life Estate

Billy’s children: Contingent remainder (in f.s.)

(unborn)

Jo?

ALTERNATIVE CONTINGENT REMAINDERS

Two contingent remainders for which the event that causes each one to vest will destroy the other.

(M): Amanda "to Billy for life, then to Billy's children and their heirs, but if at Billy's

death he is not survived by any children, then to Jo and her heirs."

When does contingent remainder in children vest?

(M): Amanda "to Billy for life, then to Billy's children and their heirs, but if at Billy's

death he is not survived by any children, then to Jo and her heirs."

Contingent remainder in children vests when a child is born.

When does contingent remainder in Jo vest?

(M): Amanda "to Billy for life, then to Billy's children and their heirs, but if at Billy's

death he is not survived by any children, then to Jo and her heirs."

Contingent remainder in children vests when a child is born.

Contingent remainder in Jo vests when Billy dies survived by no children.

Is the interest in Jo destroyed when the interest in the children vests?

(M): Amanda "to Billy for life, then to Billy's children and their heirs, but if at Billy's

death he is not survived by any children, then to Jo and her heirs."

Billy has no children.

Billy: Life Estate

Billy’s children: Contingent remainder (in f.s.)

Jo: Contingent remainder (in f.s.)

(Not alternate)

Anything else?

(M): Amanda "to Billy for life, then to Billy's children and their heirs, but if at Billy's

death he is not survived by any children, then to Jo and her heirs."

Billy has no children.

Billy: Life Estate

Billy’s children: Contingent remainder (in f.s.)

Jo: Contingent remainder (in f.s.)

(Not alternate)

Amanda: Reversion

(M): Amanda "to Billy for life, then to Billy's children and their heirs, but if at Billy's

death he is not survived by any children, then to Jo and her heirs."

Billy: Life Estate

Billy’s children: Contingent remainder (in f.s.)

Jo: Contingent remainder (in f.s.)

(Not alternate)

Amanda: Reversion

Billy has child, Sydney. Effect?

(M): Amanda "to Billy for life, then to Billy's children and their heirs, but if at Billy's

death he is not survived by any children, then to Jo and her heirs."

Billy has child, Sydney.

Billy: Life Estate

Sydney?

(M): Amanda "to Billy for life, then to Billy's children and their heirs, but if at Billy's

death he is not survived by any children, then to Jo and her heirs."

Billy has child, Sydney.

Billy: Life Estate

Sydney: Vested Remainder (in f.s.), subject to open, subject to divestment. (Contingent remainder vests)

Jo?

(M): Amanda "to Billy for life, then to Billy's children and their heirs, but if at Billy's

death he is not survived by any children, then to Jo and her heirs."

Billy has child, Sydney.

Billy: Life Estate

Sydney: Vested Remainder (in f.s.), subject to open, subject to divestment.

Jo: Shifting Executory Interest (in f.s.)

Amanda?

(M): Amanda "to Billy for life, then to Billy's children and their heirs, but if at Billy's

death he is not survived by any children, then to Jo and her heirs."

Billy has child, Sydney.

Billy: Life Estate

Sydney: Vested Remainder (in f.s.), subject to open, subject to divestment.

Jo: Shifting Executory Interest (in f.s.)

Amanda: Nothing (reversion divested)