Course Hero Logo

Q 16 real property future interests in his will a

Course Hero uses AI to attempt to automatically extract content from documents to surface to you and others so you can study better, e.g., in search results, to enrich docs, and more. This preview shows page 91 - 93 out of 159 pages.

#Q 16.Real property /Future InterestsIn his will, a landowner specifically devised a tract of land “to my son for life, and then to mydaughter’s children and their heirs.” At the landowner's death, the son, the daughter, and thedaughter’s only child were alive. Subsequently, the only child died intestate, survived by a son, thelandowner’s great-grandson.At the present time, what interest in the land does the great-grandsonhave?Answer Choices:A. A contingent remainder.B. A vested remainder in fee simple absolute.C. Nothing.D. A vested remainder subject to open.Answer Explanation:Answer D is correct. The great-grandson has a vested remainder subject to open. The grant created a lifeestate in the son and a remainder in fee simple in a class defined as "my daughter’s children and theirheirs." The words “and their heirs” are generally considered to grant a fee simple absolute in the grantee(here, the daughter’s children) rather than a true gift in the grantee’s heirs. Since this grant was by will,the interest of the daughter’s only child vested at the landowner's death. If the daughter has any otherchildren, their interests will vest at their birth. The only child's death did not divest his interest; thatinterest passed to the only child's heirs (the great-grandson) by intestacy. However, since the daughter isstill alive, the class of the daughter’s children is still open—the daughter could still have other childrenwho would share in the gift. The class will not close until either the death of the daughter (as a practicalmatter) or the death of the son, if someone's interest is already vested and possessory (under the rule of
convenience). Answer A is incorrect. At the landowner's death, the only child had a vested remainder inthe land—not a contingent remainder—because he was ascertained and there was no conditionprecedent (such as survivorship) to his taking. (Note that the grant was to the "children" of the daughter,not her "heirs" and not her "surviving children.") That vested remainder is subject to open because thedaughter is alive and capable of having more children, which would reduce the only child's share of theproperty. The only child’s heirs inherited his interest in the exact form in which he held it: a vestedremainder subject to open if the daughter has any more children prior to the time of the son's death,when the class gift to the daughter's children becomes possessory. Answer B is incorrect. It is true that atthe landowner's death, the only child had a vested remainder in the land, because he was ascertainedand there was no condition precedent (such as survivorship) to his taking. However, that vestedremainder is subject to open because the daughter is alive and capable of having more children, whichwould reduce the only child's share of the property. As explained above, his heirs inherited his interest: avested remainder subject to open if the daughter has any more children prior to the time of the son'sdeath, when the class gift to the daughter's children becomes possessory. Answer C is incorrect. Itassumes that the interest in the daughter’s children and their heirs violates the Rule AgainstPerpetuities. As noted above, “and their heirs” merely is part of a grant of a fee simple and is not a truegift to the heirs. The gift to the daughter’s children cannot violate the Rule because the daughter is a life

Upload your study docs or become a

Course Hero member to access this document

Upload your study docs or become a

Course Hero member to access this document

End of preview. Want to read all 159 pages?

Upload your study docs or become a

Course Hero member to access this document

Term
Fall
Professor
N/A
Tags
Deed, Concurrent estate, Cotenancy

Newly uploaded documents

Show More

Newly uploaded documents

Show More

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture