Shapira v. Union National Bank

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Shapira v. Union National Bank

• DQS E13-E15

2
SHAPIRA DISTINCTIONS

• Gift conditioned upon religious faith of
  beneficiary v. Gift conditioned upon marriage to
  person of particular faith

3
SHAPIRA DISTINCTIONS

• Gift conditioned upon religious faith of
  beneficiary v. Gift conditioned upon marriage to
  person of particular faith
• Belief v. Conduct (Marriage in 1974)
• Administrability

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ADMINISTRABILITY

• To Pigpen, so long as the kitchens and bathrooms
  are always kept very clean.
• To Schroeder, so long as he never plays any work
  by Beethoven on the piano.

5
ADMINISTRABILITY

• To Lucy so long as she remains a member of the
  Society of Friends
• To Linus, so long as he remains a good Catholic

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SHAPIRA DISTINCTIONS

• Gift conditioned upon divorce v. Gift conditioned
  upon marriage to person of particular faith

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SHAPIRA DISTINCTIONS

• Gift conditioned upon divorce v. Gift conditioned
  upon marriage to person of particular faith
• Ct Latter not sufficient to encourage fake M
  divorce
• Grantee cant avoid condition by saying I will
  act in bad faith

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SHAPIRA DISTINCTIONS

• Conditional gift with gift over to third party
  v. Conditional gift without gift over

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SHAPIRA DISTINCTIONS

• Conditional gift with gift over to third party
  v. Conditional gift without gift over
• Comprehensive plan v.
  In Terrorem condition

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SHAPIRA DISTINCTIONS

• Forcing a marriage as condition of completed gift
  v. withholding gift until marriage made

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SHAPIRA DISTINCTIONS

• Forcing a marriage as condition of completed gift
  v. withholding gift until marriage made
• Remedy Injunction v. Forfeiting Gift
• Like case involving divorce settlement
  requirement that child be raised in partic.
  faith wont impose contempt/crim sanctions for
  not following religion

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SHAPIRA DISTINCTIONS

• Quaker men (Maddox) v. Jewish women (Shapira)

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SHAPIRA DISTINCTIONS

• Quaker men (Maddox) v. Jewish women(Shapira)
• Too Few Available Partners (e.g., you must marry
  one of the Bronte Sisters)

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DQE14. Was the Maddox opinion cited in Shapira
correct to rule that these kinds of conditions
are unacceptable where there is a sufficiently
small number of eligible partners?
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DQE14. Was the Maddox opinion cited in Shapira
correct to rule that these kinds of conditions
are unacceptable where there is a sufficiently
small number of eligible partners? Too much
restriction on grantee v. Grantors rights
16
DQE14. Maddox rules that these kinds of
conditions are unacceptable where there is a
sufficiently small number of eligible
partners. How few partners must there be to
meet the test?
17
DQE14. Maddox unacceptable where there is a
sufficiently small number of eligible
partners.If you were living in a state with that
test, how would you prove it was met?
18

• DQE15 Should a court enforce conditions that
  limit or mandate religious behavior for the
  grantee?

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RULES THAT FURTHER ALIENABILITY
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DOCTRINE OF WORTHIER TITLE

• Remainder or executory interest in grantors
  heirs treated as future interest in grantor

21
DOCTRINE OF WORTHIER TITLE

• Remainder or executory interest in grantors
  heirs treated as future interest in grantor
• Today usually a rule of construction, not a rule
  of law

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DOCTRINE OF WORTHIER TITLE

• Remainder or executory interest in grantors
  heirs treated as future interest in grantor
• Today usually a rule of construction, not a rule
  of law
• Abolished in many jurisdictions

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DOCTRINE OF WORTHIER TITLE

• Remainder or executory interest in grantors
  heirs treated as future interest in grantor
• Today usually a rule of construction, not a rule
  of law
• Abolished in many jurisdictions
• NOTE Grantor must be alive at time of grant for
  DWT to apply

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DOCTRINE OF WORTHIER TITLE

• Example While alive, Oscar conveys to Agnes
  for life, then to my heirs.

25
Doctrine of Worthier Title

• Example While alive, Oscar conveys to Agnes
  for life, then to my heirs.
• As written
• Agnes has life estate
• Os heirs have contingent remainder
• O has reversion

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DOCTRINE OF WORTHIER TITLE

• O to Agnes for life, then to my heirs.
• As written Agnes has life estate
• Os heirs have contingent remainder
• O has reversion
• If A dies, and no destructability, O has fee
  simple on exec. limitation heirs have springing
  executory interest.

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DOCTRINE OF WORTHIER TITLE

• O to Agnes for life, then to my heirs.
• As written Agnes has life estate
• Os heirs have contingent remainder
• O has reversion
• If A dies, and no destructability, O has fee
  simple on exec. limitation heirs have springing
  executory interest.
• NOT VERY MARKETABLE!!

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DOCTRINE OF WORTHIER TITLE

• O to Agnes for life, then to my heirs.
• Effect of Doctrine
• Agnes has life estate
• Remainder in Os heirs treated as remainder in
  O reversion.

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DOCTRINE OF WORTHIER TITLE

• O to Agnes for life, then to my heirs.
• Effect of Doctrine Agnes has life estate
• Remainder in Os heirs treated as remainder in
  O reversion.
• If A dies, O has fee simple absolute

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(P) Sleepy to Happy for life, then to the heirs
of Sleepy."

• As Written
• Happy?

31
(P) Sleepy to Happy for life, then to the heirs
of Sleepy."

• As Written
• Happy Life Estate
• Sleepys Heirs?

32
(P) Sleepy to Happy for life, then to the heirs
of Sleepy."

• As Written Happy Life Estate
• Sleepys Heirs Contingent Remainder
• Other?

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(P) Sleepy to Happy for life, then to the heirs
of Sleepy."

• As Written Happy Life Estate
• Sleepys Heirs Contingent Remainder
• Sleepy Reversion
• Effect of Doctrine of Worthier Title?

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(P) S to H for life, then to the heirs of S."

• As Written Happy Life Estate
• Sleepys Heirs Contingent Remainder
• Sleepy Reversion
• Effect of Doctrine of Worthier Title
• Happy Life Estate
• Sleepy Reversion

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(P) S to H for life, then to the heirs of
S.Sleepy dies, devising all to ANA. Intestacy
statute would give Ss property to Bashful if no
will.

• Effect As Written? Happy Life Estate
• Sleepys Heirs Contingent Remainder
• Sleepy Reversion

36
(P) S to H for life, then to the heirs of
S.Sleepy dies, devising all to ANA. Intestacy
statute would give Ss property to Bashful if no
will.

• Effect As Written? Happy Life Estate
• Sleepys Heirs Contingent Remainder ?
• Bashful Vested Remainder
• Sleepy Reversion ? Nothing (Divests)

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(P) S to H for life, then to the heirs of
S.Sleepy dies, devising all to ANA. Intestacy
statute would give Ss property to Bashful if no
will.

• Effect if Doctrine Applies?
• Happy Life Estate
• Sleepy Reversion

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(P) S to H for life, then to the heirs of
S.Sleepy dies, devising all to ANA. Intestacy
statute would give Ss property to Bashful if no
will.

• Effect if Doctrine Applies?
• Happy Life Estate
• Sleepy Reversion ? ANA reversion

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RULE OF CONSTRUCTION

• INTERPRET GRANT ACCORDING TO RULE UNLESS EVIDENCE
  OF GRANTORS INTENT TO THE CONTRARY

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Doctrine of Worthier Title as a Rule of
Construction

• GEORGE LEAVES BUSH-ACRE
• TO JEB FOR LIFE, THEN TO JEBS CHILDREN FOR
  THEIR LIVES,
• THEN TO MY HEIRS

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Doctrine of Worthier Title as a Rule of
Construction

• TO JEB FOR LIFE, THEN TO JEBS CHILDREN FOR
  THEIR LIVES,
• THEN TO MY HEIRS
• We presume George would have wanted to regain
  complete control of Bush-Acre had he thought he
  would still be alive after Jeb children all
  gone.

42
Doctrine of Worthier Title as a Rule of
Construction

• George leaves Bush-acre to Jeb for life, then to
  Jebs children for their lives, then to my heirs.
  It is my wish that the Doctrine of Worthier
  Title not apply to this grant

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RULE IN SHELLEYS CASE

• IF -- One Instrument
• Creates Life Estate in A
• Plus Remainder in As Heirs
• Both Equitable or Both Legal
• Remainder in As heirs ?
• Remainder in A

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RULE IN SHELLEYS CASE

• RULE OF LAW, NOT RULE OF CONSTRUCTION

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RULE IN SHELLEYS CASE

• RULE OF LAW, NOT RULE OF CONSTRUCTION
• ELIMINATED BY STATUTE IN MOST STATES

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(Q)a Will "to Grace for life, then to Grace's
children and their heirs."

• Effect of the Rule in Shelleys Case?

47
(Q)a Will "to Grace for life, then to Grace's
children and their heirs."

• Effect of the Rule in Shelleys Case? None.
• Remainder is in children not heirs.

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(Q)b Johnny to Jay for life, then to Jay's
heirs if Jay survives David."

• Effect of the Rule in Shelleys Case?

49
(Q)b Johnny to Jay for life, then to Jay's
heirs if Jay survives David."

• Effect of the Rule in Shelleys Case?
• To Jay for life, then to Jay, if Jay survives
  David.

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(Q)c Cher "to Chastity for 100 years if she so
long live, then to Chastity's heirs."

• Effect of the Rule in Shelleys Case?

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(Q)c Cher "to Chastity for 100 years if she so
long live, then to Chastity's heirs."

• Effect of the Rule in Shelleys Case? None.
• Chastity has term of years determinable, not
  life estate.

52
(Q)d Bill "to Chelsea for life." Bill
subsequently devises the reversion to Chelsea's
heirs.

• Effect of the Rule in Shelleys Case?

53
(Q)d Bill "to Chelsea for life." Bill
subsequently devises the reversion to Chelsea's
heirs.

• Effect of the Rule in Shelleys Case? None.
• Not done in one instrument.

54
(Q)e Al "to Tipper for life, then to Tipper's
heirs. I intend that the rule in Shelley's Case
shall not apply."

• Effect of the Rule in Shelleys Case?

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(Q)e Al "to Tipper for life, then to Tipper's
heirs. I intend that the rule in Shelley's Case
shall not apply."

• Effect of the Rule in Shelleys Case?
• Rule applies.
• Rule of Law, not construction.

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(Q)e Al "to T for life, then to T's heirs. I
intend that the rule shall not apply."

• Rule applies.
• To Tipper for life, then to Tipper
• ? ?
• into fee simple absolute.

MERGE
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At Common Law v. Today
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Doctrine of Worthier TitleAt Common Law v.
Today

• Applied
• everywhere
• as Rule of Law

• Eliminated
• in some states
• Rule of Construction
• in others

59
Rule in Shelleys CaseAt Common Law v.
Today

• Applied
• everywhere
• as Rule of Law

• Eliminated
• in most states

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TIMING AMBIGUITY

• To Andrew for life, then to Brian, but if Cheryl
  graduates from law school, then to Cheryl.
• If Cheryl graduates from law school during
  Andrews life estate, does she divest Andrews
  interest or just Brians?

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TIMING AMBIGUITY

• To Andrew for life, then to Brian, but if Cheryl
  graduates from law school, then to Cheryl.
• Common law presumption If ambiguous, interest
  wont divest life estate

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TIMING AMBIGUITY

• To Andrew for life, then to Brian, but if Cheryl
  graduates from law school, then to Cheryl.
• Now generally treated as a question of grantors
  intent.

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TIMING AMBIGUITY

• To Andrew for life, then to Brian, but if Cheryl
  graduates from law school, to Cheryl.
• To Andrew for life, then to Brian, but if Cheryl
  has graduated from law school, then to Cheryl.

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TIMING AMBIGUITY

• To Andrew for life, then to Brian, but if Cheryl
  graduates from law school, to Cheryl.
• To Andrew for life, then to Brian, but if Cheryl
  has graduated from law school, then to Cheryl.
• Verb Tenses suggest immediate for first at end
  of life estate for second.

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TIMING AMBIGUITY

• To Andrew for life, then to Brian, but if Cheryl
  graduates from law school, then to Cheryl.
• Andrew is 16 Cheryl is 46.

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TIMING AMBIGUITY

• To Andrew for life, then to Brian, but if Cheryl
  graduates from law school, then to Cheryl.
• Andrew is 16 Cheryl is 46.
• Seems unlikely Cheryl will survive Andrew, so
  this suggests immediate divestment.

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TIMING AMBIGUITY

• To Andrew for life, then to Brian, but if Andrew
  graduates from law school, then to Cheryl.
• To Andrew for life, then to Brian, but if Brian
  graduates from law school, then to Cheryl.

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TIMING AMBIGUITY

• To Andrew for life, then to Brian, but if Andrew
  graduates from law school, then to Cheryl.
• To Andrew for life, then to Brian, but if Brian
  graduates from law school, then to Cheryl.
• No clear reason to punish Andrew for Brians life
  choices.

69
(R) Renee conveys to Stacy for life, then to my
heirs, but should Stacy marry before she turns
35, to Marni. Ambiguities?

• R alive or dead?
• Ms interest intended to cut off life estate?
• Condition void?
• Today or At Common Law?
• Application of D of Worthier Title?

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(R) AMBIGUITIES

• R alive or dead?
• Ms interest intended to cut off life estate?
• Condition void?
• Today or At Common Law?
• Application of D of Worthier Title?

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(R) Renee conveys to Stacy for life, then to my
heirs, but should Stacy marry before she turns
35, to Marni.

• R alive, to my heirs contingent remainder
• R dead, To my heirs vested remainder subject
  to divestment.

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(R) AMBIGUITIES

• R alive or dead?
• Ms interest intended to cut off life estate?
• Condition void?
• Today or At Common Law?
• Application of D of Worthier Title?

73
(R) Renee conveys to Stacy for life, then to my
heirs, but should Stacy marry before she turns
35, to Marni.

• Ms interest cut off life estate?
• punishes S for early marriage
• discourages fortune hunters
• maybe concern w Stacy support for Marni
• no then to Marni
• BUT could have placed right after life estate
• Could check for other facts

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(R) AMBIGUITIES

• R alive or dead?
• Ms interest intended to cut off life estate?
• Condition void?
• Today or At Common Law?
• Application of D of Worthier Title?

75
(R) Renee conveys to Stacy for life, then to my
heirs, but should Stacy marry before she turns
35, to Marni.

• Partial Restraint on Marriage
• Probably OK if only effects remainder (no harm to
  S)
• Check Ss age
• Not much effect if S is 33
• Bigger deal if S is 17
• If void, pencil out interest to M

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(R) AMBIGUITIES

• R alive or dead?
• Ms interest intended to cut off life estate?
• Condition void?
• Today or At Common Law?
• Application of D of Worthier Title?

77
(R) Renee conveys to Stacy for life, then to my
heirs, but should Stacy marry before she turns
35, to Marni.

• At Common Law Ms interest presumed to be in
  Life Estate
• Today Ms interest presumed to be in fee

78
(R) Renee conveys to Stacy for life, then to my
heirs, but should Stacy marry before she turns
35, to Marni.

• At Common Law Doctrine of Worthier Title is
  rule of law if R alive, remainder in Rs heirs ?
  reversion in R
• Today Doctrine of Worthier Title either
  eliminated or Rule of Construction. If the
  latter, remainder in Rs heirs ? reversion in R
  unless evidence that grantor intended otherwise.

79
(R) Renee conveys to Stacy for life, then to my
heirs, but should Stacy marry before she turns
35, to Marni.

• Example Condition void, Renee alive, today, no
  DWT
• S Life Estate
• Rs Heirs Contingent Remainder
• R Reversion
• M Nothing

80
(R) Renee conveys to Stacy for life, then to my
heirs, but should Stacy marry before she turns
35, to Marni.

• Example Condition valid, cuts off life estate,
  Renee dead, today
• S Life Estate on Executory Limitation
• Rs Heirs Vested Remainder in f.s. subj to
  divestment
• M Shifting Executory Interest (in f.s.)

81
(S) Xaviera to Betsy if it continues to be used
as a house of prostitution, but if not, my heirs
can take it. Xaviera died, survived by no
children or spouse, but by her mother, Yvonne.
Xavieras will gave all property to Phil. Betsy
later closed the existing brothel and replaced it
with an ad agency.
82
(S) Xaviera to B if it continues to be used as a
house of prostitution, but if not, my heirs can
take it. B later closed the existing brothel and
replaced it with an ad agency. Ambiguities?

• Condition Valid/Effect of Invalidity
• Heirs take automatically v. must act
• Effect of Doctrine of Worthier Title?
• Ad agency violate grant?

83
(S) X to B if it continues to be used as a house
of prostitution, but if not, my heirs can take
it. X died, survived only by her mother, Y.
Xs will gave all property to P. B replaces
brothel with ad agency

• Not Ambiguities
• Common Law v. Today (Ad Agency)
• Who is Xs heir Y not P

84
(U) Rob to C for his support and benefit so
long as the property is not used for commercial
purposes, then to my nephew J and his heirs if J
reaches the age of 35. C on land writes novels
does deals on phone.C dies J is not 35(VERY
HARD!!)
85
(U) Rob to C for his support and benefit so
long as the property is not used for commercial
purposes, then to my nephew J and his heirs if J
reaches the age of 35. AMBIGUITIES?

• Life Estate or Fee?
• Condition Violated by Writing/Deal-Making?
• When Does Js Interest Take Effect?
• Destructability Apply?

86
Note No Ambiguity re Today v. Common Law

• C writes novels
• does deals
• on phone.

87
FINAL TEST NOTES

• Lot of Repetition or Alteration of Old Qs
• Double-Check Room
• Arrive Early
• Bring Grading Pencils
• Read Carefully
• Positives Negatives
• Changes from Old Qs
• Arguments Supporting
• Must be correct
• Must logically support position