CHAPTER 4 TEST LOGISTICS

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CHAPTER 4 TEST LOGISTICS

• FOR TEST THURSDAY
• Room Assignments
• Last name A-P Room F309
• Last name R-Z Room A110
• Have 2 Pencils Ready
• Get Anonymous Grading Number from MyUM Bring It
• PRE-TEST OFFICE HOURS
• Today 200-600 pm (My Office)
• Tomorrow 800-1000 am 130-330 pm (My
  Office)
• Wednesday 300-800 pm _at_ B449 (Library Study
  Room)

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CHAPTER 4 TEST LOGISTICS

• TEST IS ESSENTIALLY DONE
• A couple of completely new problems
• Mostly questions from posted Bank or Tests, some
  altered a bit, all with new names
• Contains names of all students from Acadia,
  Denali, Everglades Glacier (except Matts and
  Erins)
• Apologies to those of you I had to kill off.

3
CORRECTION TO WORKBOOK (5-28)

• O to A for life, then to B, on condition that B
  has passed the bar.

4
CORRECTION TO WORKBOOK (5-28)

• O to A for life, then to B, on condition that B
  has passed the bar.
• A has Life Estate
• B has a Remainder (follows life estate)
• At First Looks Vested
• Living Ascertainable Person
• No Condition in Clause Creating the Interest
  (Walk to the Punctuation Turn Around
• BUT

5
CORRECTION TO WORKBOOK (5-28)

• O to A for life, then to B, on condition that B
  has passed the bar.
• A has Life Estate
• B has a Remainder (follows life estate)
• At First Looks Vested
• BUT Condition that follows it does not create an
  interest in anybody else, so must attach to Bs
  remainder
• Comma after B unneeded confusing.

6
CORRECTION TO WORKBOOK (5-28)

• O to A for life, then to B, on condition that B
  has passed the bar.
• A has Life Estate
• B has a Contingent Remainder
• Condition is a Condition Precedent
• See 5-29, which strongly suggests that interest
  in 5-28 is a contingent remainder
• QUESTIONS?

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COMPARE

• O to A for life, then to B, on condition that B
  has passed the bar.
• A has Life Estate
• B has a Contingent Remainder
• O to A for life, then to B, on condition that if
  B ever fails the bar, then to C.
• A has Life Estate
• B has a Vested Remainder Subject to Divestment
• C has a Shifting Executory Interest

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Vested Remainder Subject to Divestment (1)
v.Vested Remainder in F.S. subj. to Exec. Lim.
(2)

• (1) To A for life, then to B her heirs, but if
  B dies before turning 21, then to C his heirs.
• Condition might occur before B takes possession.
• (2) 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 takes possession.

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TERMINOLOGY ME v. WORKBOOK

• To A for life, then to B her heirs, but if B
  dies before turning 21, then to C his heirs.
• Condition might occur before B takes possession,
  but also might occur after.
• WORKBOOK Vested Remainder Subject to Divestment
  in Fee Simple on Executory Limitation
• ME Vested Remainder Subject to Divestment (as
  long as it might occur before)

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CORRECTION TO WORKBOOK (9-11)

• O to A for life, then to B, but if B ever allows
  A to be moved into a nursing home, to C
• Condition must occur, if at all, while A is
  alive, thus before B gets possession.
• B will eventually get either nothing or a fee
  simple absolute (assuming today)
• B has a vested remainder subject to divestment
• (in Fee Simple Absolute)
• NOT in Fee Simple on Executory Limitation

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CORRECTION TO WORKBOOK (9-11)

• O to A for life, then to B, but if B ever allows
  A to be moved into a nursing home, to C
• Condition must occur, if at all, while A is
  alive, thus before B gets possession.
• B will eventually get either nothing or a fee
  simple absolute (assuming today)
• B has a vested remainder subject to divestment
• (in Fee Simple Absolute)
• NOT in Fee Simple on Executory Limitation
• QUESTIONS?

12
Shapira v. Union National Bank GLACIER DQ71-73
Glacier Mountain Lion
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GLACIER DQ71? SHAPIRA DISTINCTIONS ?

• Well Explore Shapira Reasoning by Looking at
  Five Key Distinctions Drawn by the Opinion

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GLACIER DQ71? SHAPIRA DISTINCTION 1 ?

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

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GLACIER DQ71? SHAPIRA DISTINCTION 1 ?

• Gift conditioned upon religious faith of
  beneficiary ?
• v. Gift conditioned upon marriage to person of
  particular faith ?
• Coercing Belief ? v. Conduct ?
• Administrability

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GLACIER DQ71? SHAPIRA DISTINCTION 1 ?

• Gift conditioned upon religious faith of
  beneficiary ?
• v. Gift conditioned upon marriage to person of
  particular faith ?
• Coercing Belief ? v. Conduct ?
• Note View of Marriage in 1977
• Can Use to Support Conditions Requiring Conduct
  Affecting Religious Concerns but not Coercing
  Belief
• Administrability

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GLACIER DQ71? SHAPIRA DISTINCTION 1 ?

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

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GLACIER DQ71? SHAPIRA DISTINCTION 1 ?

• Gift conditioned upon religious faith of
  beneficiary ? v.
• Gift conditioned upon marriage to person of
  particular faith ?
• Administrability Compare
• ? To Lucy so long as she remains a member of the
  Society of Friends.
• ? To Linus, so long as he remains a good
  Catholic.
• QUESTIONS?

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GLACIER DQ71? SHAPIRA DISTINCTION 2 ?

• Gift conditioned upon divorce ?
• v.
• Gift conditioned upon marriage to person of
  particular faith (maybe ?)
• Why Relevant?

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GLACIER DQ71? SHAPIRA DISTINCTION 2 ?

• Gift conditioned upon divorce ? v.
• Gift conditioned upon marriage to person of
  particular faith (maybe ?)
• Court Latter not sufficient to encourage fake
  marriage divorce
• Grantee cant avoid condition by saying I will
  act in bad faith (issue often occurs in law)

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GLACIER DQ71? SHAPIRA DISTINCTION 3 ?

• Conditional gift with gift over to third party
• v.
• Conditional gift without gift over
• Why Relevant?

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GLACIER DQ71? SHAPIRA DISTINCTION 3 ?

• Conditional gift with gift over to third party
• v. Conditional gift without gift over
• Comprehensive Plan (likely?)
• v. In Terrorem Condition (maybe?)

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GLACIER DQ71? SHAPIRA DISTINCTION 4 ?

• Forcing a marriage as a condition of a completed
  gift ?
• v.
• Withholding gift until marriage made ?
• Why Relevant?

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GLACIER DQ71? SHAPIRA DISTINCTION 4 ?

• Forcing a marriage as a condition of a completed
  gift ?
• v.
• Withholding gift until marriage made ?
• Why Relevant?

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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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GLACIER DQ71? SHAPIRA DISTINCTION 5 ?

• Quaker Men (Maddox) ?
• v.
• ? Jewish Women (Shapira)
• Why Relevant?
• Richard Nixon
• (per Resnick)

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GLACIER DQ71? SHAPIRA DISTINCTION 5 ?

• Quaker Men (Maddox) ?
• v.
• ? Jewish Women (Shapira)
• Quakers Too Few Available Partners ?
• E.g., you must marry one of the Bronte Sisters ?

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Shapira v. Union National Bank GLACIER DQ72

• Maddox held that these kinds of conditions
  (partially restricting marriage) are unacceptable
  where there is a sufficiently small number of
  eligible partners.
• How few partners must there be to meet the test?

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Shapira v. Union National Bank GLACIER DQ72

• Maddox held that these kinds of conditions
  (partially restricting marriage) are unacceptable
  where there is a sufficiently small number of
  eligible partners.
• If you were living in a state with that test, how
  could you prove whether it was met?

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Shapira v. Union National Bank GLACIER DQ72

• Maddox held that these kinds of conditions
  (partially restricting marriage) are unacceptable
  where there is a sufficiently small number of
  eligible partners.
• Assuming that some partial restraints on marriage
  are allowed, is the Maddox rule a good result?

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Shapira v. Union National Bank GLACIER DQ72

• Maddox held that these kinds of conditions
  (partially restricting marriage) are unacceptable
  where there is a sufficiently small number of
  eligible partners.
• Good result?
• Too much restriction on grantee v.
• Grantors Rights (can always argue that grantors
  should be able to dispose of their own property
  as they wish).

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Shapira v. Union National Bank GLACIER DQ73

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

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ALL DQ70 Big Underlying Q

• Why should we allow grantors to have any control
  at all of what happens to land after they have
  died?
• Might say can choose who gets, but only can give
  fee simple absolute
• Maybe allow life estates vested remainders but
  no conditions on use

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Problems 4P-4S (Review)

• Well Go Through Today in Time We Have
• Identify Discuss Key Ambiguities/Questions
• Do Some Possible Iterations
• Slides Posted for Today Will Include All on These
  Problems (Even Those We Dont Get Through)
• Ill Post Memo with Some Additional
  Follow-Through
• Tomorrow We Start Chapter 5 (Materials
  Assignments Already Posted)

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OLYMPIC Problem 4P
SUNSET IN THE PARK
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4P Olympic

• Renee conveys to Stacy for life, then to my
  heirs, but should Stacy marry before she turns
  35, to Marni.
• AMBIGUITIES/QUESTIONS?

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4P Olympic

• Renee conveys to Stacy for life, then to my
  heirs, but should Stacy marry before she turns
  35, to Marni.
• AMBIGUITIES/QUESTIONS
• R alive or dead?
• Ms interest intended to cut off life estate?
• Condition void?
• Today or At Common Law?

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(4P Olympic) AMBIGUITIES

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

39
(4P Olympic) Renee conveys to Stacy for life,
then to my heirs, but should Stacy marry before
she turns 35, to Marni.

• R alive or dead Why matters?

40
(4P Olympic) 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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(Olympic 4P) AMBIGUITIES

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

42
(Olympic 4P) 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?
• Arguments ?

43
(Olympic 4P) R to S for life, then to my heirs,
but should S marry before she turns 35, to M.

• 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 (ages of SM) (!)

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(Olympic 4P) AMBIGUITIES

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

45
(Olympic 4P) Renee conveys to Stacy for life,
then to my heirs, but should Stacy marry before
she turns 35, to Marni.

• Partial Restraint on Marriage OK to Postpone
  Marriage Until 35?

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(Olympic 4P) R to S for life, then to my heirs,
but should S marry before she turns 35, to M.

• Partial Restraint on Marriage OK?
• 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 14 or engaged to be married
  soon
• Might argue concern about effects on safe
  pregnancies
• Bigger deal if S is ill and might die before 35
  (Ibeh)
• If void, pencil out condition resulting
  interest in M

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(Olympic 4P) AMBIGUITIES

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

48
(Olympic 4P) Renee conveys to Stacy for life,
then to my heirs, but should Stacy marry before
she turns 35, to Marni.

• At Common Law or Today Why Matters?

49
(4P) 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 simple
  absolute
• NOTE Even at common law, a grant to my heirs
  was presumed to be in fee simple no need to
  write to my heirs and their heirs.

50
REVUE At Common Law v. Today
51
Default EstateAt Common Law v.
Today

• Life Estate
• (Must use and Ms Heirs to create fee simple.)

• Fee Simple

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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

53
Doctrine of Destructability of Contingent
RemaindersAt Common Law v. Today

• Applied
• everywhere

• Eliminated in all
• states except Florida

54
(Olympic 4P) Renee conveys to Stacy for life,
then to my heirs, but should Stacy marry before
she turns 35, to Marni.

• Work Through Decision Tree
• One Example

55
(Olympic 4P) R to S for life, then to my heirs,
but should S marry before she turns 35, to M.

• Example Condition void, Renee alive, today.
• S?

56
(Olympic 4P) R to S for life, then to my heirs,
but should S marry before she turns 35, to M.

• Example Condition void, Renee alive, today.
• S Life Estate
• Rs Heirs?

57
(Olympic 4P) R to S for life, then to my heirs,
but should S marry before she turns 35, to M.

• Example Condition void, Renee alive, today.
• S Life Estate
• Rs Heirs Contingent Remainder in F.S.
• R?

58
(Olympic 4P) R to S for life, then to my heirs,
but should S marry before she turns 35, to M.

• Example Condition void, Renee alive, today.
• S Life Estate
• Rs Heirs Contingent Remainder
• R Reversion
• M?

59
(Olympic 4P) R to S for life, then to my heirs,
but should S marry before she turns 35, to M.

• Example Condition void, Renee alive, today
• S Life Estate
• Rs Heirs Contingent Remainder
• R Reversion
• M Nothing

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YOSEMITE Problems 4Q-4R
HALF DOME
61
(4Q) (Yosemite) Xaviera, in her valid will I
grant Brothelacre to Betsy if it continues to be
used as a house of prostitution, but if not, my
heirs can take it. I leave the rest of my
property to my friend Phil.Xaviera was
survived by no issue or spouse, but by her
mother, Yvonne. Betsy later closed the existing
brothel and replaced it with an ad
agency.AMBIGUITIES/QUESTIONS?
62
(YOSEMITE 4Q) X, in valid will I grant
Brothelacre to B if continues to be used as house
of prost., but if not, my heirs can take it. I
leave the rest of my property to friend P. X
survived by mother, Y. B closed brothel and
opened ad agency.

• AMBIGUITIES
• Condition Valid?
• Heirs take automatically v. must act
• Ad agency violate grant? ?
• NOT AMBIGUITIES
• Common Law v. Today (Ad Agency)
• Who is Xs heir Y not P

63
(YOSEMITE 4Q) X, in valid will I grant
Brothelacre to B if continues to be used as house
of prost., but if not, my heirs can take it. I
leave the rest of my property to friend P. X
survived by mother, Y. B closed brothel and
opened ad agency.

• AMBIGUITIES?
• Condition Valid?

64
(YOSEMITE 4Q) X, in valid will I grant
Brothelacre to B if continues to be used as house
of prost., but if not, my heirs can take it. I
leave the rest of my property to friend P. X
survived by mother, Y. B closed brothel and
opened ad agency.

• AMBIGUITIES?
• Condition Valid?
• If in Nevada or other jurisdiction where
  prostitution legal.
• If not?

65
(YOSEMITE 4Q) X, in valid will I grant
Brothelacre to B if continues to be used as house
of prost., but if not, my heirs can take it. I
leave the rest of my property to friend P. X
survived by mother, Y. B closed brothel and
opened ad agency.

• AMBIGUITIES?
• Condition Valid?
• If in jurisdiction where prostitution legal.
• If not, pencil out both condition and the grant
  to heirs dependent on it, leaving B with Fee
  Simple Absolute.
• Heirs take automatically v. must act? (Arguments)

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(Yosemite 4Q) X, in valid will I grant
Brothelacre to B if continues to be used as house
of prost., but if not, my heirs can take it.

• Automatically
• Single Purpose
• Time Language
• Condition in 1st Clause

• Must Act
• Two Clauses
• can take it
• Presumption

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(4R) (Yosemite)R 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 35. C on land writes novels
does deals on phone.C dies J is not 35.VERY
HARD (ESPECIALLY IF ESSAY Q)!!Multiple
Variations in Old Tests
68
(Yosemite 4R) R 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 35.C on land writes novels
does deals on phone. C dies J is not 35

• AMBIGUITIES/QUESTIONS?

69
(Yosemite 4R) R 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 35. C on land writes novels
does deals on phone. C dies J is not 35

• AMBIGUITIES
• Life Estate or Fee?
• Condition Violated by Writing/Deal-Making?
• When Does Js Interest Take Effect?
• Destructibility Apply?
• NOT AMBIGUITIES
• Common Law v. Today (Deals on the Phone)
• Cf. Medical or Law School, which date to medieval
  Europe

70
(YOSEMITE 4R) R 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 35. C on land writes novels
does deals on phone. C dies J is not 35

• AMBIGUITIES
• Life Estate or Fee?
• Arguments/Missing Facts?

71
(YOSEMITE 4R) R 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 35. C on land writes novels
does deals on phone. C dies J is not 35

• Life Estate or Fee?
• support benefit v. presumption of fee
• then to J looks like remainder
• Check age of J (more likely fee if J very young)
• Is condition intended to be just on C (more
  likely life estate) or on whoever owns the land
  (more likely fee)?
• Check relationship between R C Any reason to
  think its a support life estate?
• Note that arguments about whether Js interest
  intended to cut off life estate are similar.

72
(YOSEMITE 4R) R 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 35. C on land writes novels
does deals on phone. C dies J is not 35

• Condition Violated?

73
(YOSEMITE 4R) R 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 35. C on land writes novels
does deals on phone. C dies J is not 35

• Condition Violated?
• Maybe literally because commercial transactions
  taking place at least partially on site. (Literal
  arguments generally taken seriously when
  interpreting grants)
• BUT
• Still being used as residence, so supporting C
• Customers not coming to site to shop
• Pretty common for people to work some at home
  do online transactions
• Could check cases or local zoning laws on
  commercial purposes
• Was R aware that C wrote novels at home? If so,
  presumably would have said something more
  specific if intended to prevent (Bandstra)

74
(YOSEMITE 4R) R 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 35. C on land writes novels
does deals on phone. C dies J is not 35

• If C had life estate when C dies, condition not
  violated
• J had contingent remainder condition not met.
• R (or Successor S) had reversion.
• What Happens at Cs Death?

75
(YOSEMITE 4R) R 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 35. C on land writes novels
does deals on phone. C dies J is not 35

• If C had life estate when C dies, condition not
  violated
• J had contingent remainder condition not met.
• R (or Successor S) had reversion.
• What Happens at Cs Death?
• If destructability R or S has fee simple
  absolute.
• If no destructability
• R or S has fee simple on executory limitation
• J has springing executory interest

76
OLYMPIC Problem 4S
SUNSET IN THE PARK
77
PROBLEM 4S (Olympic)

• T (in will) to the Holy Shrine Church to be
  used for church purposes, but if not, to my son D
  if he is still living.
• Use of Property
• Parking Lot
• Empty for Several Months
• Winter Homeless Shelter Run by Parishioner
• D dies leaves interest to J

78
PROBLEM 4S (Olympic)

• T (in will) to the Holy Shrine Church to be
  used for church purposes, but if not, to my son D
  if he is still living.
• AMBIGUITIES in GRANT?

79
PROBLEM 4S (Olympic)

• T (in will) to the Holy Shrine Church to be
  used for church purposes, but if not, to my son D
  if he is still living.
• AMBIGUITIES in GRANT
• Is limit on HSC supposed to survive D?
• Is Dicks interest self-executing or did he have
  to act to retake the property?

80
PROBLEM 4S (Olympic) T (in will) to the Holy
Shrine Church to be used for church purposes, but
if not, to my son D if he is still living.

• Use of Property Violate Grant?
• Parking Lot
• Empty for Several Months
• Winter Homeless Shelter Run by Parishioner

81
FIN