PROPERTY A SLIDES

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PROPERTY A SLIDES

• 3 x 5 15

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Thursday March 5 Music Isaac Stern, 60th
Anniversary Celebration (1981) New York
Philharmonic Orchestra ViolinsIsaac Stern,
Itzhak Perlman, Pinchas Zucherman1982 Grammy
Award for Best Classical Performance (Soloists
with Orchestra)

• Very Last Lunch Today Meet on Brix _at_
  1155Ahmed Fellig Powell
• Yellowstone Critique Due Today _at_ 10 a.m.

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Review Problem 3D (S64-65) (Capacity)

• Redwood Defendant MMS
• Ganase, Ketan
• Whitley, Dexter
• Corrales, Brenda
• Ahmed, Feras
• Engstrom, Dave
• Alternate Fellig, Zevi

• Shenandoah Ps (A B)
• Melendez, Laura
• Chen, Connie
• Steckler, Steve
• Halperin, Daniel
• Usman, Sarah
• Alternate Mason, Joanne

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Critique of Review Problem 3D (Capacity
Biscayne)

• General Instructions _at_ Bottom of Assignment Sheet
• You are critiquing Capacity arguments made in
  class today. (as opposed to other issues in the
  Problem)
• Plaintiff Arguments that K lacked capacity/will
  is invalid
• Defendant Arguments K had capacity/will is
  valid
• Written Submission Due by E-Mail Sat 3/7 _at_ 10
  a.m.
• E-Mail me if Qs

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Review Problem 3D (S64-65) (Capacity)
Shenandoah Ps (A B) Redwood
Defendant MMS

• Evidence of Capacity/Incapacity Generally
• Evidence from Before the Day of Will Signing
  Ceremony Surrounding Circumstances
• Evidence from the Day of the Ceremony

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Review Problem 3D (S64-65) (Capacity)
Shenandoah Ps (A B) Redwood
Defendant MMS

• Application of Traditional Three-Part Test
• Natural Objects of Her Bounty Evidence/Qs Here?
• Nature/Extent of Her Property Evidence/Qs Here?
• Nature of Disposition Evidence/Qs Here?

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Mahrenholz v.County Board
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Tomorrow ARCHES DQ4.05Mahrenholz Major Events
DELICATE ARCHES
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Tomorrow BISCAYNE DQ4.11Violation of School
Purposes Condition?
SUNRISE AT ADAMS KEY
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Vested v.ContingentRemainders Continued
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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
• Examples from Tuesday
• To Fred for life, then to Freds firstborn
  child.
• If F has never had a child Unborn
• To Fred for life, then to Freds oldest child
  living at Freds death.
• While F is alive Unascertainable

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REMAINDERS EXAMPLES

• To Fred for life, then to Wilma and her heirs if
  Dino survives Fred.
• Fred has Life Estate
• Interest in Wilma
• Follows Life Estate, so its a Remainder
• Condition must be met before Wilma can take, so
  Remainder is Contingent.

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Contingent v. Vested RemaindersMemory/Comprehens
ion Aids

• Meaning/Derivation of Vested Right
• Clearly Established Right thats Hard to Undo
• E.g., Vested Employee Benefits
• Derivation Putting on Robes of Office
  (Investment)
• 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.
• Ill Show Contingency by Drawing Dotted Line, Off
  of the Primary Time Line, that Begins at the End
  of the Finite Estate

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Life Estate Contingent Remainder

• Barney to Fred for Life, then to Wilma and her
  heirs if Dino survives Fred.
• What happens to property when Fred dies if Dino
  doesnt survive Fred? Someone must get it!

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Life Estate Contingent Remainder

• Barney to Fred for Life, then to Wilma and her
  heirs if Dino survives Fred.
• What happens to property when Fred dies if Dino
  doesnt survive Fred? If grant doesnt
  distribute some of the available rights, then
  those rights are retained by the grantor.

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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.
• HINT If theres a contingent remainder, the
  grantor always 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 Fred.
• Wilma has a contingent remainder in fee
  simple absolute

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TERMINOLOGY ME v. WORKBOOK

• Workbook Describes all present possessory
  estates (Fee Simple Absolute, Life Estate, etc.)
  as a Possessory Estate in

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TERMINOLOGY ME v. WORKBOOK

• Workbook Describes all present possessory
  estates (Fee Simple Absolute, Life Estate, etc.)
  as a Possessory Estate in
• My Test Questions Will not use the italicized
  phrase.

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TERMINOLOGY ME v. WORKBOOK

• Workbook Describes all present possessory
  estates (Fee Simple Absolute, Life Estate, etc.)
  as a Possessory Estate in
• Maybe there to help you remember important rule
  You can have only one present possessory estate
  at any given time with respect to a particular
  parcel of land.

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TERMINOLOGY ME v. WORKBOOK

• Workbook Adds language to define nature of
  future interests in grantor. E.g.,
• Reversion in Fee Simple Absolute
• Possibility of Reverter in Fee Simple Absolute

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TERMINOLOGY ME v. WORKBOOK

• Workbook Adds language to define nature of
  future interests in grantor. E.g.,
• Reversion in Fee Simple Absolute
• Poss. Of Reverter in Fee Simple Absolute
• My Test Questions Only will add this sort of
  language for remainders

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SHENANDOAH (Problems 4A-4E)
APPALACHIAN TRAIL
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Shenandoah (4A) O conveys Baconacre "to Mayer
and her heirs

• Mayer's only child, Armour, runs up large bills.
  
• Can Armour's creditors reach any interest of
  Armour in Baconacre?

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Shenandoah (4A) O conveys B-Acre "to Mayer and
her heirs

• Point of 4A is meaning of and her heirs
• Clarifies that M has a Fee Simple
• Creates no interest in anyone else
• Presumptive heirs have a mere expectancy

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Shenandoah (4A) O conveys Baconacre "to Mayer
and her heirs

• Mayer wishes to sell Baconacre and use the
  proceeds to take a trip around the world.
• Can Armour prevent Mayer from doing this?

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Shenandoah (4B) Kermit to Ernie for life, then
to Burt forever. (Common Law)

• Ernie?

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Shenandoah (4B) Kermit to Ernie for life, then
to Burt forever. (Common Law)

• Ernie Life Estate
• Burt ?

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Shenandoah (4B) Kermit to Ernie for life, then
to Burt forever. (Common Law)

• Ernie Life Estate
• Burt Vested Remainder
• Remainder b/c Follows Life Estate
• Vested b/c Burt is Named (so Living
  Ascertainable Muppet) and No Condition Precedent
• Vested Remainder in ?

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Shenandoah (4B) Kermit to Ernie for life, then
to Burt forever. (Common Law)

• Ernie Life Estate
• Burt Vested Remainder in Life Estate
• At Common Law
• To Create Fee Simple Interest, need and his
  Heirs.
• Without language indicating fee simple, default
  estate is Life Estate.

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Shenandoah (4B) Kermit to Ernie for life, then
to Burt forever. (Common Law)

• Ernie Life Estate
• Burt Vested Remainder in Life Estate
• Who Owns the Rest (rights to property after both
  Ernie Burt are dead)?

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Shenandoah (4B) Kermit to Ernie for life, then
to Burt forever. (Common Law)

• Ernie Life Estate
• Burt Vested Remainder in Life Estate
• Kermit Reversion (in Frog Green!)
• Follows finite interest if not explicitly granted
  to someone else
• State of the Title When Ernie Dies?

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Shenandoah (4B) Kermit to Ernie for life, then
to Burt forever. (Common Law)

• Burt Life Estate
• Kermit (retains) Reversion
• When Burt Dies?

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Shenandoah (4B) Kermit to Ernie for life, then
to Burt forever. (Common Law)

• Kermit (or Kermits Successors) have Fee Simple
  Absolute

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Shenandoah (4B) Kermit to Ernie for life, then
to Burt forever. (Common Law)

• Ernie Life Estate
• Burt Vested Remainder in Life Estate
• Kermit Reversion

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Shenandoah (4B) Kermit to Ernie for life, then
to Burt forever. (TODAY)

• Ernie Life Estate
• Burt ?

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Shenandoah (4B) Kermit to Ernie for life, then
to Burt forever. (TODAY)

• Ernie Life Estate
• Burt Vested Remainder in Fee Simple
• Default Estate Today is Fee Simple
• Kermit?

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Shenandoah (4B) Kermit to Ernie for life, then
to Burt forever. (TODAY)

• Ernie Life Estate
• Burt Vested Remainder in Fee Simple
• Kermit Nothing (not easy being green)
• State of the Title When Ernie Dies?

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Shenandoah (4B) Kermit to Ernie for life, then
to Burt forever. (TODAY)

• Burt Fee Simple Absolute
• When Burt Dies?

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Shenandoah (4B) Kermit to Ernie for life, then
to Burt forever. (TODAY)

• Burt Fee Simple Absolute
• When Burt Dies?
• Property passes by Burts will or through
  intestacy to Burts heirs.

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Shenandoah (4C) Elmer to Sylvester for life,
then to Bugs and his heirs.

• Sylvester ?

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Shenandoah (4C) Elmer to Sylvester for life,
then to Bugs and his heirs.

• Sylvester Life Estate
• Bugs?

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Shenandoah (4C) Elmer to Sylvester for life,
then to Bugs and his heirs.

• Sylvester Life Estate
• Bugs Vested Remainder in Fee Simple Absolute
• Bugs dies intestate without heirs.
• What Effect?

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Shenandoah (4C) Elmer to Sylvester for life,
then to Bugs and his heirs.

• Sylvester Life Estate
• Bugs Vested Remainder in Fee Simple
• Bugs dies intestate without heirs.
• Vested Remainder passes to State by Escheat
  (like rest of Bugss property)
• Sylvester Dies What Effect?

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Shenandoah (4C) Elmer to Sylvester for life,
then to Bugs and his heirs.

• When Bugs died intestate without heirs, Vested
  Remainder passed to State by Escheat.
• When Sylvester dies, Vested Remainder becomes Fee
  Simple.
• So State has Fee Simple Absolute

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Shenandoah (4D) Mickey to Minnie for life, then
to Pluto for 99 years.

• Minnie?

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Shenandoah (4D) Mickey to Minnie for life, then
to Pluto for 99 years.

• Minnie Life Estate
• Pluto?

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Shenandoah (4D) Mickey to Minnie for life, then
to Pluto for 99 years.

• Minnie Life Estate
• Pluto Vested Remainder in Term of Years.
• Anything Else?

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Shenandoah (4D) Mickey to Minnie for life, then
to Pluto for 99 years.

• Minnie Life Estate
• Pluto Vested Remainder in Term of Years.
• Mickey Reversion

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Shenandoah (4D) Mickey to Minnie for life, then
to Pluto for 99 years.

• Minnie Life Estate
• Pluto Vested Remainder in Term of Years.
• Mickey Reversion (eventually to his successors)
• Somebody has to own the rights to the property
  after the first two finite interests are
  completed. Because Mickey did not give away
  those rights, he must still have them at the time
  of the grant.

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Shenandoah (4D) Mickey to Minnie for life, then
to Pluto for 99 years.

• Minnie Life Estate
• Pluto Vested Remainder in Term of Years.
• Mickey Reversion (eventually to his successors)
• Note we say that Mickey has a Reversion even
  though we are pretty certain he wont be alive
  when it becomes possessory (after all, hes a
  mouse). When Plutos interest ends, Mickeys
  successors will take possession.

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Shenandoah (4E) Derekto Bernie for life, then
to Jorge for life, then to Roger and his heirs.

• Bernie?

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Shenandoah (4E) Derek to Bernie for life, then
to Jorge for life, then to Roger and his heirs.

• Bernie Life Estate
• Jorge?

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Shenandoah (4E) Derek to Bernie for life, then
to Jorge for life, then to Roger and his heirs.

• Bernie Life Estate
• Jorge Vested Remainder in Life Estate.
• Note that even though Jorge has to survive Bernie
  for his interest to become possessory, we dont
  describe this as a Contingent Remainder because
  the condition is not stated explicitly.
• Roger?

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Shenandoah (4E) Derek to Bernie for life, then
to Jorge for life, then to Roger and his heirs.

• Bernie Life Estate
• Jorge Vested Remainder in Life Estate.
• Roger Vested Remainder in Fee Simple.

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YELLOWSTONE (Problems 4F-4G)
GIANT GEYSER
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Yellowstone (4F) Reggie to Veronica for life,
then to Betty and her heirs if Betty attains the
age of 21. Betty is 15.

• Veronica ?

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Yellowstone (4F) Reggie to Veronica for life,
then to Betty and her heirs if Betty attains the
age of 21. Betty is 15.

• Veronica Life Estate
• Betty?

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Yellowstone (4F) Reggie to Veronica for life,
then to Betty and her heirs if Betty attains the
age of 21. Betty is 15.

• Veronica Life Estate
• Betty Contingent Remainder in Fee Simple
  (condition of turning 21 must be met before she
  can get property)
• Anything Else?

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Yellowstone (4F) Reggie to Veronica for life,
then to Betty and her heirs if Betty attains the
age of 21. Betty is 15.

• Veronica Life Estate
• Betty Contingent Remainder in Fee Simple
• Reggie Reversion
• Always Created Along with Contingent Remainder
• Covers Rights to Property After Veronica Dies if
  Bettys Condition Not Met

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Yellowstone (4F) Reggie to Veronica for life,
then to Betty and her heirs if Betty attains the
age of 21. Betty is 15.

• Veronica Life Estate
• Betty Contingent Remainder in Fee Simple
• Reggie Reversion

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Yellowstone (4F) 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 if Betty turns 21 while Veronica is alive?

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Yellowstone (4F) Reggie to V for life, then to
B and her heirs if B attains the age of 21.
B turns 21 while V alive

• Veronica Life Estate
• Bettys Contingent Remainder vests leaving her
  with a Vested Remainder in Fee Simple
• Reggies Reversion now can never become
  possessory, so we say it divests, leaving him
  with nothing.

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Yellowstone (4F) 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 if Betty dies at age 17 while Veronica is
  alive?

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Yellowstone (4F) Reggie to V for life, then to
B and her heirs if B attains the age of 21.
B dies at 17 while V alive

• Veronica Life Estate
• The condition can never be met, so Bettys
  Contingent Remainder fails leaving her (and her
  successors) with nothing
• Reggies Reversion stays in place, so he or his
  successors will get the property when Veronica
  dies.

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Yellowstone (4F) 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 if Veronica dies while Betty is still age
  17?
• Life Estate is Over
• Betty Cant Take, Because Condition Not Met
• Well Come Back to This After We Introduce
  Executory Interests

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Yellowstone (4G) To my only son, Larry, for
life, then to Larry's children and their heirs."
Larry has two living children, Moe and Curly.

• Larry?

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Yellowstone (4G) To my only son, Larry, for
life, then to Larry's children and their heirs."
Larry has two living children, Moe and Curly.

• Larry Life Estate
• Moe Curly?

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Yellowstone (4G) To my only son, Larry, for
life, then to Larry's children and their heirs."
Larry has two living children, Moe and Curly.

• Larry Life Estate
• Moe Curly Vested Remainders (in Fee Simple)
  Subject to Open
• Remainders are still vested b/c MC certain to
  get at least a share of the property.
• Use of subject to open makes clear that exact
  share of the property they will get is uncertain
  reduces if more children born.
• NOTE We dont use phrase subject to open with
  contingent remainders, which are always
  uncertain.

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Yellowstone (4G) To my only son, Larry, for
life, then to Larry's children and their heirs."
Larry has two living children, Moe and Curly.

• Larry Life Estate
• Moe Curly Vested Remainders (in Fee Simple)
  Subject to Open
• Larry has additional child, Stella. Stella has?

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Yellowstone (4G) To my only son, Larry, for
life, then to Larry's children and their heirs."
Larry has 3 living children, Moe, Curly, Stella.

• Larry Life Estate
• Moe Curly Stella Vested Remainders (in Fee
  Simple) Subject to Open
• Curly (C) dies, leaving his wife, Noreen, and a
  child, Orrin C's will devises all property to
  Noreen. What happens to Cs interest?

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Yellowstone (4G) To my only son, Larry, for
life, then to Larry's children and their heirs."
Larry had 3 children, Moe, Curly, Stella.

• Larry Life Estate
• Moe Noreen Stella Vested Remainders (in Fee
  Simple) Subject to Open
• Nothing in grant requires that Ls children
  survive him
• As in Problem 4C, Vested Remainder in Fee Simple
  passes at death like any other property.
• Larry dies. State of the title?

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Yellowstone (4G) To my only son, Larry, for
life, then to Larry's children and their heirs."

• Larry Dies, ending Life Estate
• Moe Noreen Stella Share Fee Simple Absolute
  (as Tenants-in-Common)
• For this course, only need to know that theyd
  share dont need to know term tenants in
  common or what it means.

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DEFEASIBLE FEES

• Dotted Line indicates Conditional Interest
• Open Circle indicates that it would cut off
  present interest (usually at an unspecified time)
  as opposed to waiting for it to be complete.

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DEFEASIBLE FEESTwo Relevant Distinctions

• Automatic termination v. Needs action by future
  interest holder
• Who holds future interest? Grantor v. Grantee

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DEFEASIBLE FEESRestatement Terms

• Fee Simple Determinable
• Fee Simple on Condition Subsequent
• Fee Simple on Executory Limitation

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DEFEASIBLE FEESFee Simple Determinable

• OPERATION Self-Executing (Automatically
  Terminates Fee Simple When Condition Occurs)

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DEFEASIBLE FEESFee Simple Determinable

• OPERATION Self-Executing
• KEY LANGUAGE So long as, While, Until
  (References to Time)

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DEFEASIBLE FEESFee Simple Determinable

• OPERATION Self-Executing
• KEY LANGUAGE So long as, While, Until
• FUTURE INTEREST Possibility of Reverter (in
  GRANTOR)

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DEFEASIBLE FEESFee Simple Determinable Example

• To Estelle and her heirs so long as asparagus is
  not grown on the property.

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DEFEASIBLE FEESFee Simple on Condition
Subsequent

• OPERATION Grantor (or Successor) Must Act to
  Terminate Fee Simple

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DEFEASIBLE FEESFee Simple on Condition
Subsequent

• OPERATION Grantor Must Act
• KEY LANGUAGE
• But if, provided that if, on condition that
  if
• PLUS
• O may reenter and reclaim the land

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DEFEASIBLE FEESFee Simple on Condition
Subsequent

• OPERATION Grantor Must Act
• KEY LANGUAGE But if, provided that if, on
  condition that if PLUS O may reenter and
  reclaim the land
• FUTURE INTEREST Right of ReEntry (in
  GRANTOR)

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DEFEASIBLE FEESFee Simple on Condition
Subsequent Example

• EXAMPLE To Estelle and her heirs, but if
  asparagus is grown on the property, I can reenter
  and claim the land