Question
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
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.
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