A has a life estate 3 B has a vested remainder in life estate 4 A has a vested

A has a life estate 3 b has a vested remainder in

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A has a life estate 3. B has a vested remainder in life estate 4. A has a vested remainder in FSA 1. The Doctrine of Worthier Title Historically, placed all land in the hands of living, ascertainable people What the doctrine prohibits:
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A grantor cannot give a life estate to "A" and create a remainder or executory interest in the grantor's own heirs. What the doctrine does: If the grantor attempts to create a remainder or an executory interest in his own heirs, the conveyance is converted into a future interest retained by the grantor. The remainder or executory interest in the grantor's heirs (who are unascertainable) become a future interest in the grantor (who is ascertainable) Rule Against Perpetuity The purpose of the Common Law RAP is to curtail the "dead hand" control of wealth and to facilitate the marketability of property RAP only applies to: Contingent remainders Executory interests Vested remainders subject to open (vested remainders subject to partial divestment) Breaking Down RAP RAP is not concerned whether the contingent interest actually vests within the time perpetuity period. If you can conceive of ANY possibility that an interest might vest too late (after the lives in being + 21 years) then a RAP violation exists
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The perpetuities period is determined by adding 21 years to the date of the death of the last individual alive at the time the interest was created The validating life DOES NOT have to be the person who received the contingent interest It can be any person named or identified during the conveyance RAP does not look at when the individuals actually die, RAP is only concerned with the possibility of when the individuals could die 21 years actually means 21 years + 9 months RAP is applied as a moment of time: For an inter vivos conveyance, when the deed is delivered The perpetuity period is 21 years from the date of the death of the last person alive when the grantor delivered the deed Vesting is the Key 1. A contingent remainder vests: 1. Within the meaning of RAP when it becomes a vested remainder 1. An executory interest vests: When it becomes possessory Class gifts vest: When the prior estate ends and the class members are entitled to take possession The Gestation Rule
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A fetus is considered alive from the time it is conceived if it is later born alive. The Fertile Octogenarian Property law assumes that any living person is capable of having more children Even if the women is 85 years old and incapable of having more children, in property law, she is a fertile octogenarian Unborn Widows and Friends No living person has any of the following: Heirs Devisees Widow/widower Analyzing RAP- typical approach 1. Ask whether a life in being (plus 21 years) validates the future interest 2. In other words, ask whether the future interest is certain to vest or fail within the 21 years of a life in being 3.
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