WHITE v. BROWN

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WHITE v. BROWN
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LIVE OAK

• Discussion Questions 93-96

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DQ93 The White majority states that the free
alienation of property is one of the most
significant incidents of fee ownership. Why is
it significant?
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DQ94The White majority complains that the words
chosen by the testatrix are not specific enough
to clearly state her intent."
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What do you think Jessie Lides intent is?

• I wish Evelyn White to have my home to live in
  and not to be sold. I also leave my personal
  property to Sandra White Perry. My house is not
  to be sold.

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Why does the majority have problems discerning
Jessie Lides intent?
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I wish Evelyn White to have my home to live in
and not to be sold. Possible Characterizations

• Fee Simple
• Life Estate

• Conditional Fee
• So long as not sold
• So long as E lives there
• Conditional Life Estate

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DQ94 WHAT ARE THE MAJORITYS ARGUMENTSTHAT MS.
LIDE INTENDED TO CREATE A FEE SIMPLE?

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MAJORITY ARGUMENTS(FEE SIMPLE)

• Presumption grant conveys whole estate
• No gift over
• Partial intestacy disfavored

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DQ95 WHAT ARE THE DISSENTS ARGUMENTSTHAT MS.
LIDE INTENDED TO CREATE A LIFE ESTATE?

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DISSENT ARGUMENTS(LIFE ESTATE)

• Use all language grantor said to limit power to
  sell
• Grant says to live in
• No limits in gift to niece

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• I wish Evelyn White to have my home to live in
  and not to be sold. I also leave my personal
  property to Sandra White Perry. My house is not
  to be sold.
• Whose Arguments Seem Stronger?

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HOLDING OF WHITE v. BROWN

• The Property Can Be Sold!!!

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DQ96What additional facts might add weight to
the majority opinion?To the dissent?
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VESTED v. CONTINGENT REMAINDERS
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FUTURE INTERESTS THAT FOLLOW FINITE ESTATES
REMAINDER Future interest in a third party that
follows naturally upon the termination of a
finite estate. It is always expressly conveyed
by the grantor.
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VESTED REMAINDER

• Grantee is living ascertainable person (Presumed
  if granted to a named individual)

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VESTED REMAINDER

• Grantee is living ascertainable person AND
• Clause creating the remainder contains no
  condition on grantee taking the property except
  expiration of prior estate

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VESTED REMAINDER

• Grantee is living ascertainable person AND
• Clause creating the remainder contains no
  condition on grantee taking the property except
  expiration of prior estate
• Example To Aaron for life, then to Oona and her
  heirs.

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CONTINGENT REMAINDER

• Grantee is presently unborn or unascertainable
  OR
• Clause creating the remainder contains a
  condition on grantee taking the property

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CONTINGENT REMAINDER EXAMPLES

• To Fred for life, then to Freds firstborn
  child. Fred presently has no children.
  (Not born)

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Suppose Fred has a Child
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CONTINGENT REMAINDER EXAMPLES

• To Fred for life, then to Freds oldest child
  living at Freds death. (not ascertainable)

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CONTINGENT REMAINDEREXAMPLES

• To Fred for life, then to Wilma and her heirs if
  Dino survives Fred. (condition precedent)

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ANALOGY

• Vested Remainder ? Theater Ticket
• Contingent Remainder ? Lottery Ticket

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Life Estate Vested Remainder

• To Fred for Life, then to Wilma and her heirs

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Life Estate Contingent Remainder

• Barney to Fred for Life, then to Wilma and her
  heirs if Dino survives Fred.

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Life Estate Contingent Remainder

• Barney to Fred for Life then to Wilma and her
  heirs if Dino survives Fred. Barney retains a
  reversion.

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REMAINDERS IN

• To Fred for life, then to Wilma for life.
  Wilma has a vested remainder in life estate
• To Fred for life, then to Wilma and her heirs if
  Dino survives Wilma.
• Wilma has a contingent remainder in fee
  simple