(F) Reggie

1
(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?

2
(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 destroyed.
• Betty has nothing.
• Reggie has fee simple absolute.

3
DOCTRINE OF DESTRUCTABILITY OF CONTINGENT
REMAINDERS

• If contingency not met when prior estate ends,
  contingent remainder is destroyed

4
DOCTRINE OF DESTRUCTABILITY OF CONTINGENT
REMAINDERS

• Overruled by statute or caselaw in every American
  jurisdiction except Florida

5
(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.
• Bettys remainder becomes an executory interest.
• Reggie has fee simple on executory limitation

6
(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)

7
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

8
(F) Reggie to Veronica for life, then to Betty
and her heirs if Betty attains the age of 21.

• Veronica buys Rs reversion (Destructability)

9
(F) Reggie to Veronica for life, then to Betty
and her heirs if Betty attains the age of 21.

• Veronica buys Rs reversion (Modern View)

10
At Common Law v. Today
11
Default EstateAt Common Law v. Today

• Life Estate

• Fee Simple
• See White v. Brown
• Williamson v. Williamson
• (P578)

12
to X and the Heirs of his BodyAt Common Law
v. Today

• Created a
• Traditional
• Fee Tail

• Traditional Fee Tail
• eliminated
• state statutes provide
• different results when
• this language used
• See P576

13
Doctrine of Destructability of Contingent
RemaindersAt Common Law v. Today

• Applied
• everywhere

• Eliminated in all
• states except Florida

14
PROBLEM J

• Featuring Live Oaks

15
(J) Mary "to Rhoda for life, then to Ted if Ted
gives Mary a proper funeral."

• Rhoda?

16
(J) Mary "to Rhoda for life, then to Ted if Ted
gives Mary a proper funeral."

• Rhoda Life Estate
• Ted?

17
(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?

18
(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

19
(J) Mary "to Rhoda for life, then to Ted if Ted
gives Rhoda a proper funeral."

• Rhoda Life Estate
• What difference does change make?

20
(J) Mary "to Rhoda for life, then to Ted if Ted
gives Rhoda a proper funeral."

• Ted cant possibly give Rhoda a proper funeral
  by the time Rhoda dies. Thus, Teds interest
  cannot be a remainder there will be a gap
  between the end of Rs life estate and Teds
  interest. So Ted has ?

21
(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.)

22
EXAM TIP USE COMMON SENSE!!

• Cant give a proper funeral to a person until
  after death

23
EXAM TIP USE COMMON SENSE!!

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

24
Vested Remainder Subject to Divestment Vested
Remainder Subject to Complete Defeasance (P596)
25
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.

26
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 (12) B gets 0 C gets fee
  simple at As death

27
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 turns 21 (12) B has vested
  remainder Cs interest fails

28
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.

29

• (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.

30
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.

31
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
  ever uses the land for commercial purposes, to C
  his heirs. (Condition cannot occur before B
  obtains possession)

32
COMMON MISTAKES

• Contingent Remainder Subject to Open
• Contingent Remainder Subject to Divestment
• Executory Interest Subject to Divestment

33
COMMON MISTAKES

• Contingent Remainder Subject to Open
• Contingent Rem. Subject to Divestment
• Executory Interest Subject to Divestment

34
PROBLEMS K-L

• Featuring Live Oaks

35
(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?

36
(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?

37
(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?

38
(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.)

39
(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?

40
(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
• Tweetys Children?

41
(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
• Tweetys Children Contingent remainders (in
  f.s.) (must survive Tweety)
• Peggy?

42
ALTERNATIVE CONTINGENT REMAINDERS

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

43
ALTERNATIVE CONTINGENT REMAINDERS

• Two contingent remainders for which the event
  that causes each one to vest will destroy the
  other.
• Here, only two possibilities either (1) Tweety
  will be survived by children (who would then
  take) or (2) he wont (Peggy takes)

44
(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
• Tweetys Children Contingent remainders (in
  f.s.) (must survive Tweety)
• Peggy Alternative contingent rem. (in f.s.)
• Other?

45
(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
• Tweetys Children Contingent remainders (in
  f.s.) Peggy Alternative contingent rem. (in
  f.s.)
• Daffy Reversion (even when alternate contingent
  remainders)

46
(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.)
• Peggy Alternative contingent rem. (in f.s.)
• Daffy Reversion

47
PROBLEMS M N

• Featuring The MNgos

48
(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?

49
(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
• Billys children?

50
(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
• Billys children? Contingent remainder (in f.s.)
• (unborn)
• Jo?

51
ALTERNATIVE CONTINGENT REMAINDERS

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

52
(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.

• When does contingent remainder in children vest?

53
(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.

• Contingent remainder in children vests when a
  child is born.
• When does contingent remainder in Jo vest?

54
(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.

• 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?

55
(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
• Billys children Contingent remainder (in f.s.)
• Jo Contingent rem. (in f.s.) (Not alternate)
• Anything else?

56
(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
• Billys children Contingent remainder (in f.s.)
• Jo Contingent rem. (in f.s.) (Not alternate)
• Amanda Reversion

57
(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." B has child, Sydney. Effect?

• Billy Life Estate
• Sydney?

58
(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." B has child, Sydney.

• Billy Life Estate
• Sydney Vested Remainder (in f.s.), subject to
  open, subject to divestment. (Contingent
  remainder vests)
• Jo?

59
(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." B 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?

60
(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." B 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)

61
(N) Clark to Jimmy for life, then to Lois and
her heirs, but if Jimmy is survived at his death
by any children, then to such surviving children
and their heirs. Jimmy has children, Perry
Della.

• Jimmy?

62
(N) Clark to Jimmy for life, then to Lois and
her heirs, but if Jimmy is survived at his death
by any children, then to such surviving children
and their heirs. Jimmy has children, Perry
Della.

• Jimmy Life Estate
• Lois?

63
(N) Clark to Jimmy for life, then to Lois and
her heirs, but if Jimmy is survived at his death
by any children, then to such surviving children
and their heirs. Jimmy has children, Perry
Della.

• Jimmy Life Estate
• Lois Vested remainder (in f.s.) subj. to
  divestment
• Perry/Della?

64
(N) Clark to Jimmy for life, then to Lois and
her heirs, but if Jimmy is survived at his death
by any children, then to such surviving children
and their heirs. Jimmy has children, Perry
Della.

• Jimmy Life Estate
• Lois Vested remainder (in f.s.) subj. to
  divestment
• Perry/Della Shifting executory interest (in
  f.s.)
• Clark?

65
(N) Clark to Jimmy for life, then to Lois and
her heirs, but if Jimmy is survived at his death
by any children, then to such surviving children
and their heirs. Jimmy has children, Perry
Della.

• Jimmy Life Estate
• Lois Vested remainder (in f.s.) subj. to
  divestment
• Perry/Della Shifting executory interest (in
  f.s.)
• Clark? Nothing

66
(L) (M) (N) TRYING TO DO SAME THINGS (1) To A
for life(2) If A has any surviving children,
they should take(3) If no surviving children, to
BBUT 3 DIFFERENT SETS OF INTERESTS CREATED
67
UNACCEPTABLE CONDITIONS

• Conditions So Abhorrent
• You Cant Even Impose Them
• on Your Own Children

68
UNACCEPTABLE CONDITIONS

• Doing Criminal Acts

69
UNACCEPTABLE CONDITIONS

• Total Restraint on Alienation
• Partial Restraint OK if Reasonable
• Casebook says only if Promissory (P625)
• Other sources say sometimes Forfeiture

70
UNACCEPTABLE CONDITIONS

• Total Restraint on Alienation
• Partial Restraint OK if Reasonable
• Most Restrictions Restrain Alienation to Some
  Extent
• If too burdensome/weird could treat as too much
  restraint
• See Casebook at P632-33

71
UNACCEPTABLE CONDITIONS

• Total Restraint on Alienation
• Partial Restraint OK if Reasonable
• Most Restrictions Restrain Alienation to Some
  Extent
• Use Restrictions (Only by X?)
• OK if Charitable
• Some jurisd Non-Charitable Unreas. Restraint
  on Alienation

72
UNACCEPTABLE CONDITIONS

• Total Restraint on Marriage
• Some Jurisd Maybe OK if Life Estate
• Some Jurisd allow partial restraints
• Until turn 25
• Shapira

73
UNACCEPTABLE CONDITIONS

• Obtaining Divorce

74
UNACCEPTABLE CONDITIONS

• Race-Based Limitations (Unenforceable)
• Sex-Based Upheld w/in Family
• Religion (Discuss w Shapira)

75
PROBLEM O

• Featuring The mang-Os

76
(O) Archie in will To my wife Edith, for her
use benefit, so long as she remains unmarried.
Residue to daughter Gloria. Edith moves in
with male friend, Sherman. Edith subsequently
dies, devising her property to Sherman.
77
(O) 3 QUESTIONS

1. To my wife Edith, for her use benefit, so long
   as she remains unmarried. Life estate
   determinable or fee simple determinable?

78
(O) 3 QUESTIONS

1. Life estate determinable or fee simple
   determinable?
2. Is condition restraining second marriage void as
   against public policy?

79
(O) 3 QUESTIONS

• Life estate determinable or fee simple
  determinable?
• Is condition restraining 2d marriage void?
• Is cohabitation a violation of a restraint on
  marriage?

80
(O) 1st QUESTION ARGUMENTS?

• To my wife Edith, for her use benefit, so long
  as she remains unmarried.
• Life estate determinable or fee simple
  determinable?

81
(O) 1st QUESTION ARGUMENTS?

• To my wife Edith, for her use benefit, so long
  as she remains unmarried. Life estate
  determinable or fee simple determinable?
• Presumption of Fee Simple
• Use and Benefit Sounds Like Life Estate
• Condition is Consistent with Intent to Support
• Reasonable to Think Archie would try to Protect
  Gloria (not Ediths daughter)

82
(O) 1st QUESTION

• To my wife Edith, for her use benefit, so long
  as she remains unmarried.
• Majority E Fee Simple Determinable
  A G
• Remaining Future Interest in Archie passed to
  Gloria through residuary clause in will

83
(O) 1st QUESTION

• To my wife Edith, for her use benefit, so long
  as she remains unmarried.
• Majority E Fee Simple Determinable
  A G Possibility of Reverter

84
(O) 1st QUESTION

• To my wife Edith, for her use benefit, so long
  as she remains unmarried.
• Some E Life Estate Determinable
  A G

85
(O) 1st QUESTION

• To my wife Edith, for her use benefit, so long
  as she remains unmarried.
• Some E Life Estate Determinable
  A G Possibility of Reverter
  Reversion Reversion (Merger) (See Problem H)

86
(O) 2d QUESTION ARGUMENTS?

• Is condition restraining second marriage void as
  against public policy?