Study Question 111

1
Study Question 11-1

• What is the name of the doctrine that combines
  two or more vested interests when they come into
  the hands of the same person and are not
  separated by a vested interest held by someone
  else?
• merger

2
Study Question 11-2

• What is the name of the doctrine that causes a
  contingent remainder to fail if its contingencies
  are not resolved by the time all prior estates
  have ended?
• Destruction of contingent remainders

3
Study Question 11-3

• In order for the doctrine of merger to combine
  two vested interests, what two criteria must be
  met?
• They must come into the hands of the same person,
  and
• they must not be separated by another vested
  interest.

4
Study Question 11-4

• What happens to a contingent remainder that is
  placed between two vested interests combined by
  the doctrine of merger?
• It ceases to exist.

5
Study Question 11-5

• If a vested remainder (subject to divestment) in
  fee simple subject to executory limitation
  becomes possessory, what is its new name?
• Possessory estate in fee simple subject to
  executory limitation

6
Study Question 11-6

• Does the doctrine of merger apply? Why or why
  not?
• O to A for life, then to B for life, then to
  C. Then C conveys to A.
• No. Bs interest is vested.

7
Study Question 11-7

• Does the doctrine of merger apply? Why or why
  not?
• O to A for life, then to B if B is then married,
  otherwise to C. Then C conveys to A. (B is not
  married.)
• No. Cs interest is not vested.

8
Study Question 11-8

• Does the doctrine of merger apply? Why or why
  not?
• O to A for ten years, then to B for life if B is
  then married, then to A. (B is not married.)
• No. The interests were created in the same
  document are separated by another estate.

9
Study Question 11-9

• Does the doctrine of merger apply? Why or why
  not?
• O to A for life, then to As first child for
  life, then to C. Then C conveys to A. (A has
  no children.)
• Yes. Two vested estates came into As hands from
  two separate documents, and they are separated
  only by a contingent estate.

10
Study Question 11-10

• State the title at the time of the conveyance and
  after each factual development
• O to A for 10 years, then to B for life,
  then to O. O conveys to C. C conveys to B.
• A possessory estate in TY B vested remainder
  in LE O reversion in FSA
• Os reversion is now held by C.
• B has a reversion in fee simple absolute.

11
Study Question 11-11

• State the title at the time of the conveyance and
  after each factual development
• O to A for life, then to NYCs Mayor if A
  has married, but if A never married, then to B.
  (A hasnt married.) Then A marries.
• A poss est in LE Mayor cont rem in FSA B
  cont rem in FSA O reversion in FSA
• A poss est in LE Mayor cont rem in FSA
  (unascertained) O reversion FSA

12
Study Question 11-12

• State the title at the time of the conveyance and
  after each factual development
• O to A for 10 years, then to B. Then B dies,
  devising all her property to C.
• A poss est in TY B vested rem in FSA
• A poss est in TY C vested rem in FSA

13
Study Question 11-13

• State the title at the time of the conveyance and
  after each factual development
• O to A for life, then to B his heirs, but
  if B ever allows strip mining on the property,
  then to C her heirs. Then B dies.
• A poss est in LE B vested rem in FS SEL C
  exec int in FSA
• A poss est in LE B vested rem in FSA.

14
Study Question 11-14

• State the title at the time of the conveyance and
  after each factual development
• O to A for life, then to B if B gets
  married. (B is not married.) Then A conveys to
  O.
• A poss est in LE B cont rem in FSA O
  reversion in FSA
• O poss est in FSA

15
Study Question 11-15

• State the title at the time of the conveyance and
  after each factual development
• O to A for life, then to As first child to
  reach 21. (As only child B is 17.) Then A
  dies.
• A poss est in LE 1st child to reach 21 cont
  rem in FSA O reversion in FSA
• Applying destruction of cont rems O has poss
  est in FSA
• Not applying that doctrine O has poss est in FS
  SEL B springing exec int in FSA

16
Study Question 11-16

• State the title at the time of the conveyance and
  after each factual development
• O to A for 2 years, then to B however, if
  B ever uses illegal drugs, then to C. Then 2
  years pass.
• A poss estate in TY B vested rem (subject to
  divestment) in FS SEL C exec interest in FSA
• B poss estate in FS SEL C exec interest in FSA

17
Study Question 11-17

• State the title at the time of the conveyance and
  after each factual development
• O (who owns a fee tail) to A. Then A conveys to
  O. (Use modern law.)
• A possessory estate in fee simple absolute
• O possessory estate in fee simple absolute

18
Study Question 11-18

• State the title at the time of the conveyance and
  after each factual development
• O to A for life, then to Bs first child
  his heirs. (B has no children.) Then B her
  husband, C, have a child, D, who lives for one
  hour. Then B C have 3 more children, E, F,
  G. Then A, B C die in an explosion, all
  intestate.

19
Study Question 11-19

• State the title at the time of the conveyance and
  after each factual development
• O to A for life, then to B, but if B gets
  divorced, Bs interest ends. (B is not
  divorced.) Then A conveys to O.
• A poss est in LE B vested rem (subj to
  divestment) in FS-SCS O right of entry in FSA.
• O poss est in LE-PAV B vested rem subj to
  divestment in FS-SCS O right of entry in FSA

20
Study Question 11-20

• My husband, James, died last month, and I am the
  executor of his estate. I must file a list of
  the estates assets with the Probate Court.
  About 10 years ago, his sister died. A clause in
  her will said, I leave my property at 114
  Dalmont St. to my sister Jennifer for life, and
  then to my brother James for life, and then to my
  niece Clara. Do I list this property as one of
  the estates assets?

21
Study Question 11-21

• My mother owned a farm in Collier County. She
  inherited the land from her father, Frank Lange,
  who farmed it all his life. The deed to her
  father says to Frank Lange his heirs so long
  as he does not cease farming the land. My
  mother never farmed the land. She has now died,
  and I am her only heir. Does someone else have a
  claim to the land? If the land is mine, must I
  farm it?

22
Study Question 11-22

• I hold some land originally bought by my
  grandfather. Ive always heard that its
  something called fee tail. I dont have any
  children. As a matter of fact, I am the last
  generation of my family. I want to bequeath the
  property to the city for a park, but someone told
  me I cant do that. Is that right?

23
Study Question 11-23

• My grandmothers will gave her home to several
  people in the family. The will says, I give my
  real estate to my daughter Ruth for life, then
  to my nephew Keith for life if Keith has reached
  30, then to my granddaughter, Elaine. I am
  Elaine Ruth is my mother. Keith is 28 has a
  gambling addiction, and my mother and I dont
  want him to lose his life estate to his
  creditors. Is there anything we can do to
  prevent that?