Question
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
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, 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.
1. "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.
2. "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.
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