Assume that the jurisdiction in question follows the common law Rule Against Perpetuities, the Rule in Shelley's Case, the Doctrine of Worthier Title, and the Doctrine of Destructibility, UNLESS THE PARTICULAR QUESTION STATES OTHERWISE.

1. By deed, O conveys Whiteacre "to A for life, and then to O's heirs." What

interests will a court most likely conclude were created at the time of O's

death?

A) life estate in A, vested remainder subject to open in O's heirs in fee

simple absolute.

B) life estate in A, contingent remainder in O's heirs in fee simple absolute,

reversion in O in fee simple absolute.

C) life estate in A, reversion in O in fee simple absolute.

D) fee simple absolute in A.

2. O conveys Blueacre "to A for life, then to B, but if B fails to graduate from

medical school before B turns 40 years of age, then to C who shall be entitled

to Blueacre instead." What estates would a court recognize as created at the

time of the conveyance?

A) life estate in A, alternative contingent remainder in B in fee simple

absolute, alternative contingent remainder in C in fee simple absolute.

B) life estate in A, alternative contingent remainder in B in fee simple

absolute, alternative contingent remainder in C in fee simple absolute,

reversion in O in fee simple absolute.

C) life estate in A, vested remainder subject to complete divestment in B

in fee simple absolute, executory interest in C in fee simple absolute.

D) life estate in A, vested remainder subject to complete divestment in B

in fee simple subject to condition subsequent, executory interest in C in

fee simple absolute.

3. In 1970, O conveyed Whiteacre "to the County for so long the land is used as a

public park and public recreational facility." In 1970, O died leaving all of his

property to his only grandchild. In 1972, the County converted Whiteacre to a

storage facility for road maintenance equipment, meaning it was no longer

being used as a public park or public recreational facility. In 2022, O's

grandchild sued the County seeking to quiet title to Whiteacre in himself. What

will be the County's best argument that the court should quiet title in the

County?

A) That O's interest was invalid under the Rule Against Perpetuities.

B) That O's interest failed because it had not vested before he died.

C) That the County has adversely possessed Whiteacre.

D) That O's interest was invalid under the Doctrine of Worthier Title.

4. O conveys Whiteacre "to A for life, then to the children of B." At the time, of the

conveyance, B has one child (W). Subsequent to the conveyance, B has another

two children (X&Y). Then A dies, and two years after A's death, B has another

child (Z). Assuming no other transfers have taken place, who owns Whiteacre

at that time (after the birth of Z)?

A) W, X and Y.

B) W, X, Y and Z.

C) W.

D) A's heirs or devisees.

5. O conveys Blackacre "to A for life, then to B for life, and then to A's heirs." What

estates are created by the conveyance?

A) life estate in A, contingent remainder in B for life, contingent remainder

in A's heirs in fee simple absolute, reversion in O in fee simple absolute.

B) life estate in A, vested remainder subject to complete divestment in B

in a life estate, executory interest in A's heirs in fee simple absolute,

reversion in O in fee simple absolute.

C) life estate in A, vested remainder in B for life, executory interest in A's

heirs in fee simple absolute, reversion in O in fee simple absolute.

D) life estate in A, vested remainder in B for life, vested remainder in A in

fee simple absolute.

6. By will, O devises Redacre "to A for life, then to the children of A for so long as

alcohol is never sold on the premises." A has three children at the time of

conveyance. What estates are created at the time of the conveyance?

A) life estate in A, vested remainder in A's children in fee simple absolute,

executory interest in O in fee simple absolute.

B) life estate in A, vested remainder subject to open in A's children in fee

simple determinable.

C) life estate in A, vested remainder subject to open in the children of A in

fee simple absolute, reversion in O in fee simple absolute.

D) life estate in A, vested remainder in A's children in fee simple

determinable, possibility of reverter in O in fee simple absolute.

7. By deed, O conveys Blackacre "to A for life, and then to B." Subsequently, B

predeceases both O and A. Who owns what estates after B's death?

A) life estate owned by A, vested remainder in fee simple absolute owned

by B's heirs or devisees.

B) life estate owned by A, contingent remainder in fee simple absolute

owned by B's heirs or devisees, reversion in O in fee simple absolute.

C) life estate owned by A, reversion in fee simple absolute owned by O.

D) fee simple absolute owned by A.

8. O conveys Blackacre "to A for life, and then to the children of B." In order for

the conveyance to form a contingent remainder in fee simple absolute in the

children of B, assuming that A is alive, what fact or set of facts must be true at

the time of conveyance?

A) Only that one or more child of B exists at the time of the conveyance.

B) Both that B has one or more child AND that B is dead at the time of

conveyance.

C) Only that B is alive and has no children at the time of conveyance.

D) Both that B has one or more children AND that B is alive at the time of

conveyance.

9. O conveys Blackacre "to A when A graduates from law school." At the time of

the conveyance, A is in law school but has not graduated yet. At that time, what

estates does the conveyance by O create?

A) fee simple subject to executory limitation in O, executory interest in A

in fee simple absolute.

B) fee simple absolute in A.

C) executory interest in A in fee simple absolute, reversion in O in fee

simple absolute.

D) executory interest in A in fee simple absolute, possibility of reverter in

O in fee simple absolute.

10. O conveys Blackacre "to A for life, then to B for life, then to C and her heirs for

20 years if C survives both A and B." What estate does C own at the time the

conveyance becomes effective, assuming A, B and C are all still alive at that

time?

A) term for years.

B) contingent remainder in fee simple determinable.

C) vested remainder in a term for years.

D) contingent remainder in a term for years.

For the following problems (questions 11-12), provide an answer in three parts. For

part (1), state the estates created by the conveyance before the application of the

common law Rule Against Perpetuities; for part (2), state the estates created after

the application of the rule if it is applicable; and for part (3), provide an explanation

of your answer. Explain your answers fully, including the how and why of the rule

application.

For part (3) of each question's answer, you do not need to put your answer in a

[CREAC/IRAC] format. If there is no change because neither the Rule Against

Perpetuities nor any other rule we've studied apply to any interest, then that's all

you have to state. If there's no change because the Rule Against Perpetuities applies

to one or more interests but the interest or interests do not violate the Rule, then

you do need to explain why each interest to which the Rule applies does not violate

the Rule. This might only be a sentence or two, but it does need to be specific to the

conveyance. If there is a change between (1) and (2), then you need to explain why

the Rules Against Perpetuities invalidates one or more interests or why whatever

rule does apply changes the interests created. For the Rule Against Perpetuities, you

would need to explain the scenario that shows the interest violates the Rule. That

does not mean you need to write out all the steps you use to create that scenario.

You just need to describe the scenario and explain how it shows the interest violates

the Rule Against Perpetuities.

For these questions (questions 11-12), assume that the jurisdiction in question follows

the common law Rule Against Perpetuities, the Rule in Shelley's Case, the Doctrine of

Worthier Title, and the Doctrine of Destructibility.

11. "O to A for life, then A's oldest surviving child for life, then to A's grandchildren."

At the time of the conveyance, A has been predeceased by his wife and has 3

children and 2 grandchildren.

12. "O to A for life, then to first grandchild of A to graduate from law school."

At the time of the conveyance, A is married and has 2 children but no grandchildren.