PROBLEMS IN ESTATES IN LAND AND FUTURE INTERESTS

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The problems are numbered consecutively as they are in DKM4. The page number in DKM4 is followed by number of the class outline and the paragraph number in the outline in which they are found.

Fully describe the interest of all parties named or described in the following instruments in a common-law jurisdiction as of the effective date of the instrument (recall that a devise is not effective until the devisor’s death). Assume that the grant or devise adequately describes land of which grantor/devisor is solely seised in fee simple absolute. Assume that the statute Quia Emptores is in effect, that there is a statute of wills, and that there is a statute that states that all grants are assumed to be in fee simple unless the contrary is expressed. (The answers to the first five problems also give the results if such a statute were not in effect.)

G = G grants

D = D devises

—> = the land to

  1. G —> A (DKM4 p. S202 no. 1; Class outline 15, III.1.a).

  2. Check Answer

  3. G —> A and his heirs (DKM4 p. S202 no. 2; Class outline 15, III.1.b).

  4. Check Answer

  5. G —> le (i.e., life estate) A (DKM4 p. S202 no. 3; Class outline 15, III.1.c).

  6. Check Answer

  7. D —> A (DKM4 p. S202 no. 4; Class outline 15, III.1.d).

  8. Check Answer

  9. D —> le (i.e., life estate) A (DKM4 p. S202 no. 5; Class outline 15, III.1.e).

  10. Check Answer

    We will skip the fee tail in class this year, but the problems, nos. 6 and 7, are good exercises. They are probably best done after you know something about remainders and executory interests.

  11. D —>ft (i.e. fee tail) A (DKM4 p. S204 no. 6; Class outline 15, III.2)
  12. D —>ft A —>rdr (i.e. remainder) B (DKM4 p. S204 no. 7; Class outline 15, III.2).
  13. Consider the following factual variations for both nos. 6 and 7.

    (a) A has no issue; A dies

    (b) A has issue; A dies

    (c) A has issue; A —> C

    (d) A has no issue; A —> C

    Consider the following legal variations for both nos. 6 and 7.

    (i) South Carolina and two others (fsc, i.e., a fee simple conditional)

    (ii) Del., Me., Mass., R.I. (ft, in R.I. only for grants)

    (iii) Conn., Ohio, R.I. (ft for one generaion, in R.I. only for devises)

    (iv) 6 states (le + rdr, i.e., a life estate plus a remainder)

    (v) 25 states (fs, i.e., a fee simple, about half giving the form of the grant no effect)

    (vi) 25 states (fs, i.e., a fee simple, about half allowing the heirs, devisees, or remainderman to take by way of executory interest if the first donee in tail dies without issue)

    Solve the following problems:

    (α) 6ai and 7ai (i.e., D —>ft A; A has no issue; A dies; legal variation i, and D —>ft A —>rdr B; A has no issue; A dies; legal variation i [S.C. plus two]).


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    (β) 6bi and 7bi (i.e., D —>ft A; A has issue; A dies; legal variation i, and D —>ft A —>rdr B; A has issue; A dies; legal variation i [S.C. plus two]).


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    (γ) 6ci and 7ci (i.e., D —>ft A; A has issue; A —> C; legal variation i, and D —>ft A —>rdr B; A has issue; A —> C; legal variation i [S.C. plus two]).


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    (δ) 6di and 7di (i.e., D —>ft A; A has no issue; A —> C; legal variation i, and D —>ft A —>rdr B; A has no issue; A —> C; legal variation i [S.C. plus two]).


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    (α) 6aii and 7aii (i.e., D —>ft A; A has no issue; A dies; legal variation ii, and D —>ft A —>rdr B; A has no issue; A dies; legal variation ii [Del., Me., Mass., R.I. (grants)]).


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    (β) 6bii and 7bii (i.e., D —>ft A; A has issue; A dies; legal variation ii, and D —>ft A —>rdr B; A has issue; A dies; legal variation ii [Del., Me., Mass., R.I. (grants)]).


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    (γ and δ) 6cii, 6dii, 7cii, and 7dii (i.e., D —>ft A; A has issue or A has no issue and —>C; legal variation ii, and D —>ft A —>rdr B; A has issue or A has no issue and —>C; legal variation ii [Del., Me., Mass., R.I. (grants)]).


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    (α) 6aiii and 7aiii (i.e., D —>ft A; A has no issue; A dies; legal variation iii, and D —>ft A —>rdr B; A has no issue; A dies; legal variation iii [Conn., Ohio, R.I. (devises)]).


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    (β) 6biii and 7biii (i.e., D —>ft A; A has issue; A dies; legal variation iii, and D —>ft A —>rdr B; A has issue; A dies; legal variation iii [Conn., Ohio, R.I. (devises)]).


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    (γ and δ) 6ciii, 6diii, 7ciii, and 7diii (i.e., D —>ft A; A has issue or A has no issue and —>C; legal variation iii, and D —>ft A —>rdr B; A has issue or A has no issue and —>C; legal variation iii [Conn., Ohio, R.I. (devises)]).


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    (α) 6aiv and 7aiv (i.e., D —>ft A; A has no issue; A dies; legal variation iv, and D —>ft A —>rdr B; A has no issue; A dies; legal variation iv [6 states]).


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    (β) 6biv and 7biv (i.e., D —>ft A; A has issue; A dies; legal variation iv, and D —>ft A —>rdr B; A has issue; A dies; legal variation iv [6 states]).


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    (γ and δ) 6civ, 6div, 7civ, and 7div (i.e., D —>ft A; A has issue or A has no issue and —>C; legal variation iv, and D —>ft A —>rdr B; A has issue or A has no issue and —>C; legal variation iv [6 states]).


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    (α and β) 6av, 6bv, 7av, and 7bv (i.e., D —>ft A; A has no issue and dies or A has issue and dies; legal variation v, and D —>ft A —>rdr B; A has no issue and dies or A has issue and dies; legal variation v [25 states, f.s.a. half]).


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    (γ and δ) 6cv, 6dv, 7cv, and 7div (i.e., D —>ft A; A has issue or A has no issue and —>C; legal variation v, and D —>ft A —>rdr B; A has issue or A has no issue and —>C; legal variation v [25 states, f.s.a. half]).


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    (α) 6avi and 7avi (i.e., D —>ft A; A has no issue; A dies; legal variation vi, and D —>ft A —>rdr B; A has no issue; A dies; legal variation vi [25 states, x.i. half]).


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    (β) 6bvi and 7bvi (i.e., D —>ft A; A has issue; A dies; legal variation vi, and D —>ft A —>rdr B; A has issue; A dies; legal variation vi [25 states, x.i. half]).


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    (γ and δ) 6cvi, 6div, 7cvi, and 7div (i.e., D —>ft A; A has issue or A has no issue and —>C; legal variation vi, and D —>ft A —>rdr B; A has issue or A has no issue and —>C; legal variation vi [25 states, x.i. half]).


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  14. G —> A so long as liquor is not sold, stored or used on the premises [booze], and upon its determination the estate shall revert to G; G(D) —> B (DKM4 p. S205 no. 8; Class outline 15, III.3.a)

  15. Check Answer

  16. G —> A but if booze G shall have a right to re-enter and determine the estate; G(D)—> B (DKM4 p. S205 no. 9; Class Outline 15 III.3.b)

  17. Check Answer

  18. G —> A provided that the estate shall cease and determine if booze; G(D) —> B (DKM4 p. S205 no. 10; Class outline 15 III.3.c)

  19. Check Answer