WHAT TO DO IF THERE IS A PERPETUITIES VIOLATION

None of these questions are numbered problems in DKM4. The questions are followed in parentheses by the number of the class outline and the paragraph number in the outline in which they are found.

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 a grant or devise of land is assumed to be to the grantee or devisee and his/her heirs unless the contrary is expressed. The problems assume the modern common-law Rule Against Perpetuities is in effect (i.e., no statutory variations unless stated). You need not describe all the interests created by the devise or grant but simply answer the question posed about the applicability of Rule and give a reason why it is or is not in violation of the Rule.

G = G grants

D = D devises

—> = the land to

    Ryan

  1. D—>le A—>rdr B, C, D, and E, if they be living, or if they be not living, the share of any of them who is deceased to go to his or her executor or administrator to be applied by such as if it formed a part of his or her estate. (Class outline 19, Ryan)

    2. (a) What does the case hold about the Rule Against Perpetuities? Johnson v. Preston (Class outline 19, Ryan 2)

    Answer

    (b) Why does the court spend most of the opinion asking whether the remainder in the siblings was vested or contingent? (This is not “infectious invalidity”; the remainder in the siblings is perfectly good whether it is vested or contingent, the question is what do we do if the contingency is not met.) (Class outline 19, Ryan 3)

    Answer

    (c) Is there any way to avoid this result? (Hint: does the exr or admr have a beneficial interest in the land?) (Class outline 19, Ryan 4)

    Answer

    Brown

  2. “To the Independent Baptist Church of Woburn, to be holden and enjoyed by them so long as they shall maintain and promulgate their present religious belief and faith and shall continue a Church; and if the said Church shall be dissolved, or if its religious sentiments shall be changed or abandoned, then my will is that this real estate shall go to my legatees hereinafter named, to be divided in equal portions between them.” What does the court hold about this language? (Class outline 19, Brown)

    3. Answer

    What happens next (whn)?

  3. G —>le A —>rdr le A’s children —>rdr A’s grandchildren. Herewith the concept of “infectious invalidity.” (Class outline 19, whn 1)

    4. Answer

  4. D —>to those members of the Newton Democratic Club who are alive at the end of the next presidential election. (Class outline 19, whn2)

    5. Answer

  5. D —>A but if a descendant of Barak Obama becomes president—>rdr B (Class outline 19, whn3)

    6. Answer

  6. D —>A so long as a descendant of Barak Obama is not president—>rdr B (Class outline 19, whn4)

    7. Answer

  7. D —>le A —>rdr B when a descendant of Barak Obama becomes president (Class outline 19, whn5)

    8. Answer

  8. D —>A but if a descendant of Barak Obama becomes president—>rdr Newton Lions’ Club (a charity) (Class outline 19, whn6)

    9. Answer

  9. D —>Newton Lions’ Club (a charity) but if the Newton Lions’ Club ceases to exist —>rdr Newton Community Chest (a charity) (Class outline 19, whn7)

    Answer

  10. Sample Exam Problem: “I devise the Stark Farm to my son Bartholomew and his heirs in fee simple for as long as they shall farm the property; and if they shall ever cease to farm it, then to my daughter, Clarissa and her heirs in fee simple, if she shall then be living; otherwise to the Eden Audubon Society.” (DKM4, p. S110; Class outline 19, unnum)

    11. Answer