Future Interests

Question 1

O conveys “to A and B when they have been married one year.” What Possessory interests and future interests?

Answer 1

Possessory Interests - O has fee simple subject to executory limitation
Future - A and B have sprinting executory interests in fee simple absolute

Question 2

O devises, “To A for 10 years, then to B for life.” What Possessory interests and future interests?

Answer 2

P/I - A has term of years

F/I - B has a vested remainder in life estate; O’s heirs have reversion

Question 3

O conveys, “To A for life, then to B and his heirs if B is then living.” At the time of the conveyance, B has one child H. What Possessory interests and future interests?

Answer 3

P/I - A has a life estate

F/I - B has contingent remainder in fee simple absolute; O has reversion

Question 4

O conveys, “To A and her heirs so long as A does not divorce, otherwise to revert to O.” What Possessory interests and future interests?

Answer 4

P/I - Fee simple determinable

F/I - O has possibility of Reverter

Question 5

O devises, “To A for life, then to the children of B.” At the time os O’s death, B is alive and has two children x and y. What Possessory interests and future interests?

Answer 5

P/I - A has a life estate

F/I - x and y have vested remainder subject to open; O has Reversion

Question 6

O devises, “To A for 25 years.” What Possessory interests and future interests?

Answer 6

P/I - A for term of years

F/I - O has Reversion

Question 7

O conveys, “To A for life, the to B for life, then to the heirs of B.” At the time of the conveyance B has one son. What Possessory interests and future interests?

Answer 7

P/I -A has a life estate

F/I - O has Reversion; B has vested remainder in life estate; B’s heirs have contingent remainder in fee simple

Question 8

O devises Blackacre, “To Schools, but if the property is no longer used for school purposes then to the church for church purposes.” What Possessory interests and future interests?

Answer 8

P/I -School has fee simple subject to executory limitation

F/I - Church has shifting executory interest in fee simple absolute

Question 9

O devises Blackacre, “To A and her heris, but if A divorces B then to C and her heirs.” At the time of O’s death A is married to B. What Possessory interests and future interests?

Answer 9

P/I - Fee simple subject to executory limitation

F/I - C has shifting executory interests in fee simple absolute

Question 10

O conveys, “To A and her heirs, but if A divorces the O shall have the right to re-enter and retake the property.” What Possessory interests and future interests?

Answer 10

p/i -A has fee simple subject to condition subsequent

f/i - O has Right of Entry in fee simple

Question 11

O conveys, “To A for life, then to B and his heirs, but f B dies under the age of 21, then to C and his heirs.” At the time of the conveyance, A is alive and B is 18 years old. What Possessory interests and future interests?

Answer 11

p/i - A has life estate

f/i - B has vested remainder in fee simple subject to complete divestment; c has shifting executory interests

Question 12

O conveys, “To A and his heirs, but if A dies without issue, then to B and her heirs.” At the time of the conveyance, A is alive and has a child C. What Possessory interests and future interests?

Answer 12

p/i - A has fee simple subject to executory limitation

f/i - B has shifting executory interest in fee simple

Question 13

O conveys, “ To A, for so long as the garden of blue flowers from echo this property derives it name is properly cared for.” What Possessory interests and future interests?

Answer 13

p/i - A in fee simple determinable

f/i - o in possibility of reverter

Question 14

O devises, “To my good friend A for life, and the to Alan’ youngest child, B.” At the time of the grant Alan is living and has thee children: K aged 6, C aged 4, and B aged 2. What Possessory interests and future interests?

Answer 14

p/i - Alan in life estate

f/i - fee simple vested remainder in fee simple

Question 15

O conveys, “To A, for the purpose of establishing a park.” What Possessory interests and future interests?

Answer 15

p/i - A has fee simple absolute

f/i - none

Question 16

Antoine lives in NYC. He owns a property, P, In San Fransisco. His son, B, moved out to California three years ago to follow the grateful dead. A is concerned that his son is wasting his life in by way of being a dead head, and wants to deter him. To accomplish this, he intends to offer B full title to P on the condition that B stops being a dead head. I B goes to even one such event, A wants to be able to deprive him of all the rights to P, and return it to himself. What estate in land would you recommend A convey to B in order to best accomplish this purpose, and why do you choose this estate? Explain

Answer 16

Fee simple determinable

• This would create an automatic reversion upon the happening of the states event, more specifically B attending a grateful dead concert

“To B, so long as B never attends a grateful dead concert.”

Question 17

In 1500, Lady A devises, “To my nephew B, to have and to hold with all the rights of ownership until the end of time.” What Possessory interests and future interests?

Answer 17

p/i - B has life estate - not correct wording for 1500

f/i - Lady A has Reversion

Question 18

A conveys, To B, on the condition that if B ever beats A in fencing, then A retains the right to re-enter and re-take the property.” What Possessory interests and future interests?

Answer 18

p/i - Fee simple subject to condition subsequent

f/i - A has right of Entry

Question 19

O devises, “To A for life, but if cuts down any of the pine tress on the property, then to B for life.” What Possessory interests and future interests?

Answer 19

p/i - A has life estate subject to executory limitation

f/i - B has shifting executory interests; O has reversion

Question 20

O conveys, “To A when she becomes a doctor.” What Possessory interests and future interests?

Answer 20

p/i - O has fee simple subject to executory limitation

f/i - Springing executory interests.

Question 21

O conveys, “To A for life, so long as she continues to exercise at least twice per week, otherwise to B for life, but if B smokes the to C for life.” What Possessory interests and future interests?

Answer 21

p/i - life estate subject to executory limitation
f/i - b has shifting executory interest in a life estate; c has shifting executory interest in life estate; o has reversion

Question 22

A conveys, “To B for life, but if he should make his principal residence outside Cbus, then A retains the right to re-enter and re-take the property,” What Possessory interests and future interests?

Answer 22

p/i - B has life estate subject to condition subsequent

f/i - A has right of entry

Question 23

A devises, “To B and his heirs.” At the time of the conveyance B is alive with 2 sons C and D. What Possessory interests and future interests?

Answer 23

p/i - B has fee simple absolute

f/i - none - heirs only exist when someone dies.

Question 24

O conveys, “To A for life.” A conveys her interest to B. B pre-deceases A, leaving her interest to his wife C. At the time of B’s death, what interest, if any, does C have?

Answer 24

C has life estate pur autre vie in A.

Question 25

O conveys on December 18, 2004, “To A for 10 years, then to A’s oldest child who is living on December 18, 2004, the date of this conveyance.” A has three children B 20 years old, C who is 12, and D who is 10. What Possessory interests and future interests?

Answer 25

p/i - A has term of years

f/i - B vested remainder in fee simple - look at the dates!

Question 26

In England, in 1500, A devices, “ To my daughter B and the heirs of her body.” What Possessory interests and future interests?

Answer 26

p/i - B has fee tail absolute

f/i - B’s issue has vested remainder

Question 27

O devises , “To A for life, and then to her eldest grandchild who is living at the time of her death.” What Possessory interests and future interests?

Answer 27

p/i - A has a life estate

f/i - O’ heirs have reversion; Eldest grandchild who is alive at the time of A’s death has contingent remainder.

Question 28

O devises, “To A for life, or until such time as she cuts her beautiful golden hair charted than shoulder length.” What Possessory interests and future interests?

Answer 28

p/i - life estate determinable

f/i - O’s heris have possibility of reverter in fee simple absolute.

Question 29

O conveys, “To A for five years, then to my sister B, but if B does not continue to take care of out parents until their death, then to C.” What Possessory interests and future interests?

Answer 29

p/i - A has term of years
f/i - B has vested remainder subject to complete divestment in fee simple; C has shifting executory interest in fee simple.

Question 30

O conveys, “To A for life, and then t A’s children.” At the time of conveyance A has 2 children B and C. What Possessory interests and future interests?

Answer 30

p/i -A has a life estate

f/i - B and C have vested remainder subject to open in fee simple

Question 31

A conveys, “To B.” What Possessory interests and future interests?

Answer 31

p/i - Fee simple absolute for B