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Question 1
The following true or false questions are on the names of the future interests: O conveys Blackacre "to A and his heirs, so long as the Cubs don't win the World series, then to B." B has a possibility of reverter.
Correct
Incorrect!
Correct A third party can never have a possibility of reverter (property can't "revert" to someone who never had it in the first place). A third party whose interest follows a fee simple, as in this case, has an executory interest. Therefore B is the correct answer.
Incorrect! A third party can never have a possibility of reverter (property can't "revert" to someone who never had it in the first place). A third party whose interest follows a fee simple, as in this case, has an executory interest. Therefore B is the correct answer.
Question 2
O conveys Blackacre "to A for life, then to the oldest of B's children who shall survive A." B's oldest child has a contingent remainder.
Correct The answer is true since B's child is a third party whose interest follows a life estate, the future interest is called a remainder. Since it is unclear who will actually get the interest (we don't know which of B's children will survive A), the remainder is contingent (on the child surviving A).
Incorrect! The answer is true since B's child is a third party whose interest follows a life estate, the future interest is called a remainder. Since it is unclear who will actually get the interest (we don't know which of B's children will survive A), the remainder is contingent (on the child surviving A).
Correct
Incorrect!
Question 3
O conveys Blackacre "to A and his heirs, but if the Cubs ever win a World Series, then O shall have a right to re-enter." O has a possibility of reverter.
Correct
Incorrect!
Correct Recall that a possibility of reverter only follows a fee simple determinable. In this case, O has a right of re-entry since A has a fee simple subject to a condition subsequent. Therefore False is the correct answer.
Incorrect! Recall that a possibility of reverter only follows a fee simple determinable. In this case, O has a right of re-entry since A has a fee simple subject to a condition subsequent. Therefore False is the correct answer.
Question 4
O conveys Blackacre "to A for life, then to B for 500 years." O has a reversion.
Correct Any time a grantor retains an interest that follows an interest other than a fee simple, the grantor's retained interest is called a reversion. O has kept the right to get back the land after A's and B's interests run out. Therefore True is the correst answer.
Incorrect! Any time a grantor retains an interest that follows an interest other than a fee simple, the grantor's retained interest is called a reversion. O has kept the right to get back the land after A's and B's interests run out. Therefore True is the correst answer.
Correct
Incorrect!
Question 5
O conveys Blackacre "to A for life then to B for life then to C for life then to D and her heirs." O has a reversion.
Correct
Incorrect!
Correct O has given away his entire estate in this case. Whatever interest in time that is not taken up by the life estates of A,B and C will go to D because of her remainder interest. Note that B will get nothing in this case unless he survives A and C will get nothing unless she survives both A and B. Therefore False is the correct answer.
Incorrect! O has given away his entire estate in this case. Whatever interest in time that is not taken up by the life estates of A,B and C will go to D because of her remainder interest. Note that B will get nothing in this case unless he survives A and C will get nothing unless she survives both A and B. Therefore False is the correct answer.
Question 6
O conveys Blackacre "to A, and then to B and her heirs, so long the Cubs don't win the World Series." O has a possibility of reverter.
Correct
Incorrect!
Correct This is a tricky one because the language is typical of language that creates a fee simple determinable, which would leave O with a possibility of reverter. However, did you notice that A actually got a fee simple absolute in the land (recall that under the modern rule, "To Recipient" creates a fee simple absolute in Recipient)' Thus, B's interest is irrelevant. Since a fee simple absolute does not end, B's interest will never vest. In essence, the entire sentence after "To A" is a red herring because A's interest is a fee simple absolute and will not terminate. Thus B and O have no future interest and False is the correct answer.
Incorrect! This is a tricky one because the language is typical of language that creates a fee simple determinable, which would leave O with a possibility of reverter. However, did you notice that A actually got a fee simple absolute in the land (recall that under the modern rule, "To Recipient" creates a fee simple absolute in Recipient)' Thus, B's interest is irrelevant. Since a fee simple absolute does not end, B's interest will never vest. In essence, the entire sentence after "To A" is a red herring because A's interest is a fee simple absolute and will not terminate. Thus B and O have no future interest and False is the correct answer.