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RAP examples - limitation(reaching age 35 They will also...

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O conveys Whiteacre “to A for life, then to B’s children in fee simple, provided that if any of B’s children fail to attain the age of 35 that child’s interest passes to B’s surviving children. B has 1 child C who is 14. A has a present possessory vested life estate. C has a vested remainder subject to open through partial divestment (if B has another child that attains 35), and subject to complete divestment if C does not reach 35. B’s children have a contingent remainder subject to an executory limitation (being born and attaining the age of 35). At B’s death the class will close and the children will have a vested remainder subject to an executory
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Unformatted text preview: limitation (reaching age 35). They will also have a shifting executory interest in any divested interest. (they will split the interest of any child that does not attain the age of 35). *BUT: The shifting executory interests in the possible divested remainders of the children are subject to the RAP, and since O, A, B, and C, could all die 21 years before new kid X reaches 35, the shifting executory interest fails and will be excluded. This leaves: “To A for life and then to B’s children in Fee Simple. A has a life estate and B’s children have a vested remainder in fee simple absolute....
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