Transactions Flashcards
(25 cards)
O conveys Blackacre to A for ten years, remainder to B for life, remainder to the Church of the Seven Rays its successors and assigns, so long as the premises shall be used for church purposes.
O conveys Blackacre to A for ten years, remainder to B for life, remainder to the Church of the Seven Rays its successors and assigns, so long as the premises shall be used for church purposes.
Words of Purchase
- To A
- To B
- To the Church of the Seven Rays
Words of Limitation
- For ten years
- Remainder . . . for life
- Remainder . . . its successors and assigns as long as the premises shall be used for church purposes
8.7.3
O conveys Blackacre to A and his heirs, but if A shall die without issue living at her death, to the heirs of B.
8.7.3
O conveys Blackacre to A and his heirs, but if A shall die without issue living at her death, to the heirs of B.
Words of Purchase
- To A
- To the heirs of B
Words of Limitation
- And his heirs but if A shall die without issue living at her death
- (And her heirs)
8.7.3
O conveys Blackacre to A and his heirs.
O conveys Blackacre to A and his heirs.
Interests
- A has a fee simple
- O has nothing.
O conveys Blackacre to Greenpeace, its successors and assigns, so long as the premises shall be used for environmental purposes.
- 7.3
- 7.3
O conveys Blackacre to Greenpeace, its successors and assigns, so long as the premises shall be used for environmental purposes.
Interests
- Greenpeace has a fee simple determinable which will end when the premises are no longer used for environmental purposes
- O has a possibility of reverter in fee simple.
- 7.3
- 7.3
- 7.3
O conveys Blackacre to A and his heirs, but if the premises shall be used for the sale of drugs then O may re-enter and repossess the premises.
8.7.3
O conveys Blackacre to A and his heirs, but if the premises shall be used for the sale of drugs then O may re-enter and repossess the premises.
Interests
- A has a fee simple subject to a condition subsequent
- O has a power of termination and a right of entry
- 7.3
- 7.3
O conveys Blackacre to A for life.
O conveys Blackacre to A for life.
Interests
- A has a life estate measured by A’s life.
- O has a reversion in fee simple.
- 7.3
- 7.3
- 7.3
- 7.3
O conveys Blackacre to A for life. A transfers all A’s interest to B.
O conveys Blackacre to A for life. A transfers all A’s interest to B.
Interests
- A has nothing. A transferred all A had to B.
- B has a life estate pur autre vie. (for the life of A)
- O has a reversion in fee simple.
- 7.3
- 7.3
- 7.3
O conveys Blackacre to A for life and in the event of A’s death to B and her heirs.
O conveys Blackacre to A for life and in the event of A’s death to B and her heirs.
Interests
- A has a present possessory life estate measured by A’s life.
- B has a vested remainder in fee simple.
- O has nothing.
- 7.3
- 7.3
O conveys Blackacre to A for life, then to B and her heirs.
8.7.3
O conveys Blackacre to A for life, then to B and her heirs.
Interests
- A has a present possessory life estate measured by A’s life.
- B has a vested remainder in fee simple.
- O has nothing.
- 7.3
- 7.3
- 7.3
- 7.3
O conveys Blackacre to A for life, then to B for five years.
O conveys Blackacre to A for life, then to B for five years.
Interests
- A has a present possessory life estate measured by A’s life.
- B has a vested remainder in tenancy for a term of years.
- O has a reversion in fee simple.
- 7.3
- 7.3
O conveys Blackacre to A for life, then to B and the heirs of her body.
8.7.3
O conveys Blackacre to A for life, then to B and the heirs of her body.
Interests
- A has a present possessory life estate measured by A’s life.
- B has a vested remainder in fee simple.
- O has nothing.
- 7.3
- 7.3
- 7.3
O conveys Blackacre to A for life, then to the heirs of B. B is alive.
8.7.3
O conveys Blackacre to A for life, then to the heirs of B. B is alive.
Interests
- A has a present possessory life estate measured by A’s life.
- The heirs of B have a contingent remainder in fee simple.
- O – Depends on jurisdiction
- If contingent remainder recognized, O has nothing.
- If contingent remainder destroyed, O has a reversion in fee simple.
8.7.3
O conveys Blackacre to A for life, then to A’s children and their heirs. A has one child, B.
8.7.3
O conveys Blackacre to A for life, then to A’s children and their heirs. A has one child, B.
Interests
- A has a present possessory life estate measured by A’s life.
- A’s children have a vested remainder in fee simple subject to open.
- B has a vested remainder in fee simple subject to partial divestment if A has more children.
- O has nothing.
8.7.3
O conveys Blackacre to A for life, remainder to such of A’s issue as survive him.
O conveys Blackacre to A for life, remainder to such of A’s issue as survive him.
Interests
- A has a present possessory life estate measured by A’s life.
- Such of A’s issue as survive him have a contingent remainder in fee simple.
- O – Depends on jurisdiction
- If contingent remainder recognized, O has a reversion fee simple subject to defeasance.
- If contingent remainder destroyed, O has reversion in fee simple.
8.7.3
O conveys Blackacre to A for life, then to A’s children and their heirs. At the time of the conveyance, A is living with two children B and C. Then A has another child D. After that A dies.
O conveys Blackacre to A for life, then to A’s children and their heirs. At the time of the conveyance, A is living with two children B and C. Then A has another child D. After that A dies.
Interests
- B, C, D each have a 1/3 interest in fee simple.
- A has nothing.
- O has nothing.
O conveys Blackacre to A for life, then to A’s children who shall reach 21. A’s oldest child, B, is 17.
O conveys Blackacre to A for life, then to A’s children who shall reach 21. A’s oldest child, B, is 17.
Interests
- A has a present possessory life estate measured by A’s life.
- A’s children who reach 21 have a contingent remainder in fee simple.
- O – Depends on jurisdiction
- If contingent remainder recognized, O has a reversion in fee simple subject to defeasance.
- If contingent remainder destroyed, O has a reversion in fee simple.
After the Statute of Uses, O conveys Blackacre to A and his heirs when A marries.
8.7.3
After the Statute of Uses, O conveys Blackacre to A and his heirs when A marries.
Interests
- A has a springing executory interest in fee simple when A marries.
- O has a fee simple subject to a springing executory interest in a fee simple when A marries.
8.7.3
After the Statute of Uses, O conveys Blackacre to B and her heirs, but if Blackacre is used for non-residential purposes, then to C forever.
After the Statute of Uses, O conveys Blackacre to B and her heirs, but if Blackacre is used for non-residential purposes, then to C forever.
Interests
- B has a fee simple subject to a shifting executory interest in C if Blackacre used for non-residential purposes.
- C has a shifting executory interest in fee simple if Blackacre is used for non-residential purposes.
- O has nothing.
O conveys Blackacre to A and B as joint tenants. B dies leaving an heir H.
O conveys Blackacre to A and B as joint tenants. B dies leaving an heir H.
Interests
- A has a fee simple.
- H has nothing
- O has nothing
8.7.3
O conveys Blackacre to A, B, and C and their heirs. A dies leaving an heir H.
O conveys Blackacre to A, B, and C and their heirs. A dies leaving an heir H.
Interests
- B, C, and H are tenants in common, each with an undivided 1/3 interest in Blackacre in fee simple.
- O has nothing.
- A is dead.
8.7.3
O conveys Blackacre to A and B as Joint tenants. A transfers A’s interest to C.
O conveys Blackacre to A and B as Joint tenants. A transfers A’s interest to C.
Interests
- B and C are tenants in common with each having a 1/2 undivided interest in fee simple.
- A has nothing.
- O has nothing.
O conveys Blackacre to A, B and C as joint tenants. A then conveys her interest to D. Then B dies leaving an heir H.
O conveys Blackacre to A, B and C as joint tenants. A then conveys her interest to D. Then B dies leaving an heir H.
Interests
- D has an undivided 1/3 interest in fee simple as a tenant in common with C.
- C has an undivided 2/3 interest in fee simple as a tenant in common with D.
- O, A, H have nothing.
- B is dead.
8.7.3
O conveys Blackacre to A and B as Tenants by the Entirety. At the time of the conveyance A and B are engaged to be married. Three months later they marry.
8.7.3
O conveys Blackacre to A and B as Tenants by the Entirety. At the time of the conveyance A and B are engaged to be married. Three months later they marry.
Interests
- A + B each have an undivided 1/2 interest in fee simple as tenants in common.
- O has nothing.
8.7.3
In Hawaii after the Sawada case, Blackacre is held by H and W as Tenants by the Entirety. H and W are married. H gets into debt and a creditor of H, X, sues H to reach Blackacre to satisfy the debt. Will X succeed? Why or why not?
8.7.3
In Hawaii after the Sawada case, Blackacre is held by H and W as Tenants by the Entirety. H and W are married. H gets into debt and a creditor of H, X, sues H to reach Blackacre to satisfy the debt. Will X succeed? Why or why not?
No, the creditor, X, will not succeed. In Hawaii, after the Sawada case, the H is in the same position as the W was at common law. At common law, the W could not alienate her ½ undivided interest in the whole in Blackacre. Since a creditor can only “go after” property that a debtor spouse could alienate, and since the H is now treated in Hawaii for debtor-creditor purposes the same as the W under common law, H may not unilaterally alienate Blackacre and the creditor of H cannot “go after” Blackacre to satisfy the debt owed by the debtor spouse H.
