PROBLEMS IN ESTATES IN LAND AND FUTURE INTERESTS

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Not all of these problems are numbered problems in DKM4. The problem is followed in parentheses by the number in DKM4 if such a number exists and by the 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 is of adequately described 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 problems assume the modern relaxations of the destructability of contingent remainders, but the answers give the result both at common law and under the modern rules.

G = G grants

D = D devises

—> = the land to

  1. G —>le A —>rdr B (remember that ‘and her heirs’ is presumed even if it does not say it); B dies before A (Class outline 16, 1.a)

    2. Check Answer

  2. G —>le A —>rdr A’s children (Class outline 16, 1.b)

    3. Check Answer

  3. G —>le A —>rdr B if she survives A (Class outline 16, 1.c)

    4. Check Answer

  4. G —>le A —>rdr B if she reaches 21, if not —> C (Consider this grant generally before considering the factual variations.) (Class outline 16, 1.d)

    5. Check Answer

    (a) B reaches 21 before A’s death and predeceases him.


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    (b) B predeceases A without having reached 21.


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    (c) A dies before B reaches 21.


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  5. G —>le A —>rdr B if she has reached 21 by the time of A’s death, if not —> C (Class outline 16, 1.e)

    6. Check Answer

  6. G —>le A —>rdr B if she reaches 21 whether before or after A’s death, if not —> C (Class outline 16, 1.f)

    7. Check Answer

  7. G —>le A —>rdr B, but if B fails to reach 21 —>rdr C (Class outline 16, 1.g)

    8. Check Answer

    Class outline 16, 2 contains a summary of the common law and modern law on desctructability. We will skip working through the uses at common law of merger and destructibility in Class outline 16, 3. We will also skip Problems 11 and 14 in DKM4, both of which involve the common-law doctrine of destructability.

  8. D —> le A —>rdr B’s children (DKM4 p. S213 no. 12 [revised to make it a devise rather than a grant]; Class outline 16, 4)
  9. D —> le A —>rdr B’s surviving children (DKM4 p. S213 no. 13 [revised to make it a devise rather than a grant]; Class outline 16, 4).

    10. Before we consider the factual variations, try to describe generally what these grants create and what the difference is between them.


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    Consider the following factual variations for both nos. 8 and 9. (I have expanded them from what they are in DKM4.)

    (a) A and B both alive, and B is childless

    (i) B dies, survived by A


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    (ii) A dies, survived by B


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    (b) B has a child C; A and B are both alive

    (i) C conveys his interest to E


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    (ii) B dies during A’s lifetime


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    (iii) A dies during B’s lifetime


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    (c) A dies during B’s lifetime.

    (i) B has one or more children


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    (ii) B has no children


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