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Question 1
O conveys Blackacre "to A and his heirs, so long as a Canadian does not walk on the Moon." O's future interest violates the Rule Against Perpetuities.
Correct
Incorrect!
Correct A grantor's future interest can never violate the Rule Against Perpetuities. The Rule only applies to executory interests and contingent remainders. Therefore False is the correct answer.
Incorrect! A grantor's future interest can never violate the Rule Against Perpetuities. The Rule only applies to executory interests and contingent remainders. Therefore False is the correct answer.
Question 2
O conveys Blackacre "to A for life, and then to A's oldest child who shall survive A." O's future interest violates the Rule Against Perpetuities.
Correct
Incorrect!
Correct Although the interest created in A's oldest child is a contingent remainder, and so the Rule Against Perpetuities applies, it is not violated in this case. This is because the remainder interest vests immediately at the death of A. Since A is alive now, this means that, by definition, the interest must vest within 21 years after the death of a life in being at the time the contract is formed. (A is the measuring life in this case.) By the way, did you notice that this conveyance, under the Rule in Shelley's Case, would actually grant a fee simple absolute to A' Of course, in that case, it certainly would not violate the Rule Against Perpetuities because there would be no future interest. Therefore the correct answer is False.
Incorrect! Although the interest created in A's oldest child is a contingent remainder, and so the Rule Against Perpetuities applies, it is not violated in this case. This is because the remainder interest vests immediately at the death of A. Since A is alive now, this means that, by definition, the interest must vest within 21 years after the death of a life in being at the time the contract is formed. (A is the measuring life in this case.) By the way, did you notice that this conveyance, under the Rule in Shelley's Case, would actually grant a fee simple absolute to A' Of course, in that case, it certainly would not violate the Rule Against Perpetuities because there would be no future interest. Therefore the correct answer is False.
