Example 1 Oliver conveys Blackacre to Anna for life then to Annas children who

Example 1 oliver conveys blackacre to anna for life

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Example 1: Oliver conveys Blackacre “to Anna for life, then to Anna’s children who reach 21.” Anna has three kids—Ben is 25, Carmen is 18, and David is 15. What is Ben’s interest? ______________________________________________ _________________________________________________________________ When will it be known who the members of the class are? _________________ _________________________________________________________________ If Carmen and David reach 21, they will partially divest Ben. Watch out! At least one member of the class must be vested. If no one in the class is vested, then the remainder is __________________________. Here, if Ben was 20, his interest would have been contingent. RAP applies to a vested remainder subject to open. o Rule of Convenience: Prevents classifying an interest as vested subject to open and therefore avoid ___________________ o If the grant doesn’t have an express closing date, the Rule of Convenience closes the class when any member of the class becomes entitled to immediate _______________________.
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14 | © 2016 Themis Bar Review, LLC | MBE Real Property Example 2: Oliver conveys “to Anna for life, then to Ben’s children.” Ben has one child. When will this class close under the rule of convenience? ____________________________________________________________ D. Special Cases Doctrine of Worthier Title: Prevents against remainders in __________________ heirs o Creates presumption in a reversion to the grantor Example 1: Oliver conveys “to Anna for life, then to my heirs.” What future interest does Oliver retain under the Doctrine of Worthier Title? ________________________ Rule in Shelley’s Case: Prevents against remainders in __________________ heirs o Uses doctrine of merger to create a fee simple Example 2: Oliver conveys “to Anna for life, then to Anna’s heirs.” What estate does Anna have under the Rule in Shelley’s case? ___________________ CHAPTER 7: THE RULE AGAINST PERPETUITIES (RAP) A. What is going on here? Three questions to set the RAP context: 1) Why do we have such a silly rule? Parental desire to keep property in family but distrust of children vs. court’s concern over tying up property endlessly Prevents _____________________ vesting 2) What’s the goal of the rule? ____________________________________________________ Operates like a statute of limitations for contingent future interests. 3) Why 21 years? Protect property from children’s foolishness Allows property to be tied up for “a life in being plus 21 years” B. Method - When, What, Who? When: Identifying when the interests are created o Inter vivos transfers: Interests created at time of _______________________ o Devise (will): Interests created at ____________________________________ What: Determine if interests created are subject to RAP
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MBE Real Property | © 2016 Themis Bar Review, LLC | 15 o RAP applies to: _______________________________________________ _______________________________________________ o Applies to vested remainders subject to open if remainder not closed by rule of convenience Who: Identify the relevant and, if applicable, validating lives o Relevant life: Person who affects vesting, usually mentioned or implied by the grant (e.g., prior life tenant, the parent where a conveyance is made to a child) o Validating life: Person who tells us whether or not the interest vests within the perpetuities period (lifetime plus 21 years) Must have been ________________ when the interests were created Can validate her own interest If no validating life, then interest is ___________________ and we strike it from grant “When, what, who?” Application Example 1: Oliver conveys Blackacre “to Anna, but if the land is ever used as a business during Anna’s lifetime, to Ben.”
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  • Fall '19
  • Law, Leasehold estate, Real property law, Future interest

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