PROBLEMS A-D Featuring the Mangos: Hutzler;GottLiebowitz;JMason; Sarinsky.

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Presentation transcript:

PROBLEMS A-D Featuring the Mangos: Hutzler;GottLiebowitz;JMason; Sarinsky

(A): O conveys Baconacre "to Mayer and her heirs." Mayer's only child, Armour, runs up large bills. Can Armour's creditors reach any interest of Armour in Baconacre?

(A): O conveys Baconacre "to Mayer and her heirs." Mayer wishes to sell Baconacre and use the proceeds to take a trip around the world. Can Armour prevent Mayer from doing this?

(B): Kermit “to Ernie for life, then to Burt forever.” (Common Law) Ernie: ?

(B): Kermit “to Ernie for life, then to Burt forever.” (Common Law) Ernie: Life Estate Burt: ?

(B): Kermit “to Ernie for life, then to Burt forever.” (Common Law) Ernie: Life Estate Burt: Vested Remainder in Life Estate

(B): Kermit “to Ernie for life, then to Burt forever.” (Common Law)

Who owns the last piece?

(B): Kermit “to Ernie for life, then to Burt forever.” (Common Law) Kermit has a reversion (in frog green!) Ernie dies?

(B): Kermit “to Ernie for life, then to Burt forever.” (Common Law) Kermit has a reversion Ernie dies? Burt has life estate. Burt dies?

(B): Kermit “to Ernie for life, then to Burt forever.” (Common Law) Kermit has a reversion Ernie dies? Burt has life estate. Burt dies? Kermit or Kermit’s heirs have fee simple

(B): Kermit “to Ernie for life, then to Burt forever.” (Today) Ernie: Life Estate Burt: ?

(B): Kermit “to Ernie for life, then to Burt forever.” (Today) Ernie: Life Estate Burt: Vested Remainder in Fee Simple Kermit?

(B): Kermit “to Ernie for life, then to Burt forever.” (Today) Ernie: Life Estate Burt: Vested Remainder in Fee Simple Kermit: Nothing

(B): Kermit “to Ernie for life, then to Burt forever.” (Today) Ernie dies?

(B): Kermit “to Ernie for life, then to Burt forever.” (Today) Ernie dies? Burt takes a fee simple absolute. Burt dies?

(B): Kermit “to Ernie for life, then to Burt forever.” (Today) Ernie dies? Burt takes a fee simple absolute. Burt dies? Property passes by will or through intestacy.

(C): Elmer “to Sylvester for life, then to Bugs and his heirs.” Sylvester: ?

(C): Elmer “to Sylvester for life, then to Bugs and his heirs.” Sylvester: Life Estate Bugs?

(C): Elmer “to Sylvester for life, then to Bugs and his heirs.” Sylvester: Life Estate Bugs: Vested Remainder in Fee Simple

(C): Elmer “to Sylvester for life, then to Bugs and his heirs.” Bugs dies intestate without heirs. Impact?

(C): Elmer “to Sylvester for life, then to Bugs and his heirs.” Bugs dies intestate without heirs. Vested remainder passes to the state. Sylvester dies. Effect?

(C): Elmer “to Sylvester for life, then to Bugs and his heirs.” Bugs dies intestate without heirs. Vested remainder passes to the state. Sylvester dies. State has a fee simple absolute.

(D): Mickey “to Minnie for life, then to Pluto for 99 years.” Minnie: ?

(D): Mickey “to Minnie for life, then to Pluto for 99 years.” Minnie: Life Estate Pluto?

(D): Mickey “to Minnie for life, then to Pluto for 99 years.” Minnie: Life Estate Pluto: Vested Remainder in Term of Years. Anything Else?

(D): Mickey “to Minnie for life, then to Pluto for 99 years.” Minnie: Life Estate Pluto: Vested Remainder in Term of Years. Mickey: Reversion (eventually to his heirs or devisees)

PROBLEMS E,G,F featuring the Poincianas (Return to Problem H after Mahrenholz)

(E): Derek “to Bernie for life, then to Jorge for life, then to Roger and his heirs.” Bernie?

(E): Derek “to Bernie for life, then to Jorge for life, then to Roger and his heirs.” Bernie: Life Estate Jorge?

(E): Derek “to Bernie for life, then to Jorge for life, then to Roger and his heirs.” Bernie: Life Estate Jorge: Vested Remainder in Life Estate Roger?

(E): Derek “to Bernie for life, then to Jorge for life, then to Roger and his heirs.” Bernie: Life Estate Jorge: Vested Remainder in Life Estate Roger: Vested Remainder in Fee Simple

(G): “To my only son, Larry, for life, then to Larry's children and their heirs." Larry has two children, Moe and Curly. Larry?

(G): “To my only son, Larry, for life, then to Larry's children and their heirs." Larry has two children, Moe and Curly. Larry: Life Estate Moe & Curly?

(G): “To my only son, Larry, for life, then to Larry's children and their heirs." Larry has two children, Moe and Curly. Larry: Life Estate Moe & Curly: Vested Remainders (in F.S.) Subject to Open Larry has another child, Stella. Stella has?

(G): “To my only son, Larry, for life, then to Larry's children and their heirs.“ Larry: Life Estate Moe & Curly & Stella: Vested Remainders (in F.S.) Subject to Open Curly (C) dies, leaving his wife, Noreen, and a child, Orrin; C's will devises all property to Noreen. What happens to C’s interest?

(G): “To my only son, Larry, for life, then to Larry's children and their heirs." Larry: Life Estate Moe & Noreen & Stella: Vested Remainders (in F.S.) Subject to Open Larry dies. State of the title?

(G): “To my only son, Larry, for life, then to Larry's children and their heirs." Larry dies. State of the title? Moe & Noreen & Stella share fee simple absolute (tenants in common).

(F): Reggie “to Veronica for life, then to Betty and her heirs if Betty attains the age of 21.” Betty is 15. Veronica: ?

(F): Reggie “to Veronica for life, then to Betty and her heirs if Betty attains the age of 21.” Betty is 15. Veronica: Life Estate Betty?

(F): Reggie “to Veronica for life, then to Betty and her heirs if Betty attains the age of 21.” Betty is 15. Veronica: Life Estate Betty: Contingent Remainder in F.S. What happens if Betty dies at 17?

(F): Reggie “to Veronica for life, then to Betty and her heirs if Betty attains the age of 21.” Betty is 15. What happens if Betty dies at 17? No instructions. What happens when a grantor does not fully dispose of the property in all possible scenarios?

(F): Reggie “to Veronica for life, then to Betty and her heirs if Betty attains the age of 21.” Betty is 15. If a grantor does not fully dispose of the property, we assume he kept the parts not mentioned for himself. Here, Reggie has a reversion. If Betty dies before turning 21, Reggie or his designees will get the property in fee simple when Veronica dies.

(F): Reggie “to Veronica for life, then to Betty and her heirs if Betty attains the age of 21.” What if Betty turns 21 while Veronica is alive?

(F): Reggie “to Veronica for life, then to Betty and her heirs if Betty attains the age of 21.” Betty turns 21. Betty’s contingent remainder “vests” leaving her with a vested remainder in f.s. Reggie’s reversion “divests,” leaving him with nothing.

(F) Reggie “to Veronica for life, then to Betty and her heirs if Betty attains the age of 21.” What happens if Veronica dies when Betty is 17?

THE “READY BETTY” JOKE

DEFEASIBLE FEES

DEFEASIBLE FEES Restatement Terms FEE SIMPLE DETERMINABLE FEE SIMPLE ON CONDITION SUBSEQUENT FEE SIMPLE ON EXECUTORY LIMITATION

FEE SIMPLE DETERMINABLE OPERATION: Self-Executing

FEE SIMPLE DETERMINABLE OPERATION: Self-Executing KEY LANGUAGE: “So long as”, “While”, “Until”

FEE SIMPLE DETERMINABLE OPERATION: Self-Executing KEY LANGUAGE: “So long as”, “While”, “Until” FUTURE INTEREST: Possibility of Reverter (in GRANTOR)

FEE SIMPLE DETERMINABLE EXAMPLE: To Estelle and her heirs so long as asparagus is not grown on the property.

FEE SIMPLE ON CONDITION SUBSEQUENT OPERATION: Grantor must act

FEE SIMPLE ON CONDITION SUBSEQUENT OPERATION: Grantor must act KEY LANGUAGE: –“But if”, “provided that if”, “on condition that if” PLUS –“O may [re]enter and [re]claim the land”

FEE SIMPLE ON CONDITION SUBSEQUENT OPERATION: Grantor must act KEY LANGUAGE: “But if”, “provided that if”, “on condition that if” PLUS “O may [re]enter and [re]claim the land ” FUTURE INTEREST: Right of [Re]Entry (in GRANTOR)

FEE SIMPLE ON CONDITION SUBSEQUENT EXAMPLE: To Estelle and her heirs, but if asparagus is grown on the property, I can reenter and claim the land

FEE SIMPLE ON EXECUTORY LIMITATION OPERATION: Either self-executing or grantee has to act.

Warning: Inconsistency Textbook says Fee Simple on Executory Limitation terminates automatically (P580) For our purposes, assume that sometimes, a Fee Simple on Executory Limitation can operate like a Fee Simple on Condition Subsequent “To Sonny & his heirs, but if Sonny ever runs for Congress, Cher may enter and take the land.”

FEE SIMPLE ON EXECUTORY LIMITATION OPERATION: Either self-executing or grantee has to act. KEY LANGUAGE: Creates interest in 3d party if condition violated

FEE SIMPLE ON EXECUTORY LIMITATION OPERATION: Either self-executing or grantee has to act. KEY LANGUAGE: Creates interest in 3d party if condition violated FUTURE INTEREST: Executory Interest (in 3d party grantee)

FEE SIMPLE ON EXECUTORY LIMITATION: EXAMPLES To Estelle and her heirs so long as asparagus is not grown on the property, otherwise to Bob

FEE SIMPLE ON EXECUTORY LIMITATION: EXAMPLES To Estelle and her heirs so long as asparagus is not grown on the property, otherwise to Bob To Estelle and her heirs, but if asparagus is grown on the property, Bob can reenter and claim the land

DEFEASIBLE FEES: Restatement Terms FEE SIMPLE DETERMINABLE (to grantor; automatic) F.S. ON CONDITION SUBSEQUENT (to grantor; must act) F.S. ON EXECUTORY LIMITATION (to grantee; either way)

Accessorizing: Defeasible Fees & Matching Future Interests FEE SIMPLE DETERMINABLE & POSSIBILITY OF REVERTER F.S. ON CONDITION SUBSEQUENT & RIGHT OF ENTRY F.S. ON EXECUTORY LIMITATION & EXECUTORY INTEREST

Mahrenholz v. County Board DQs : Royal Palm

IGNORE THE JACQMAINS 1.Delete last paragraph on P Delete last complete paragraph on P Pretend you never heard of the Jacqmains.

Mahrenholz v. County Board MAJOR EVENTS 3/51: Grant to SD#1 2/69: Mrs.H dies intestate; HH sole heir 5/73: Property used for storage only 5/77: HH conveys interest to Ms 9/77: HH releases interest to SD#1

Mahrenholz v. County Board MAJOR EVENTS: FSD +PR 3/51: Grant to SD#1: SD-FSD Hs-PR 2/69: Mrs.H dies intestate; HH sole heir? 5/73: Property used for storage only 5/77: HH conveys interest to Ms 9/77: HH releases interest to SD#1

Mahrenholz v. County Board MAJOR EVENTS: FSD +PR 2/69: Mrs.H dies intestate; HH sole heir SD-FSD HH-PR 5/73: Property used for storage only? (2 Possibilities: Violation or Not) 5/77: HH conveys interest to Ms 9/77: HH releases interest to SD#1

Mahrenholz v. County Board MAJOR EVENTS: FSD +PR 2/69: SD-FSD HH-PR GRANT VIOLATED HH-FEE SIMPLE ABSOLUTE 5/77 HH --> Ms? NO VIOLATION SD-FSD HH-PR 5/77 HH --> Ms?

Mahrenholz v. County Board MAJOR EVENTS: FSD +PR GRANT VIOLATED HH-FS ABSOLUTE 5/77 HH --> Ms? Ms-FS Absolute 9/77 HH release to SD? NO VIOLATION SD-FSD HH-PR 5/77 HH --> Ms? SD-FSD HH-PR 9/77 HH release to SD?

Mahrenholz v. County Board MAJOR EVENTS: FSD +PR GRANT VIOLATED Ms-FS Absolute 9/77 HH release to SD? Ms - FS Absolute NO VIOLATION SD-FSD HH-PR 9/77 HH release to SD? SD - FS Absolute

Mahrenholz v. County Board MAJOR EVENTS: FSCS +RE 3/51: Grant to SD#1: SD-FSCS Hs-RE 2/69: Mrs.H dies intestate; HH sole heir? 5/73: Property used for storage only 5/77: HH conveys interest to Ms 9/77: HH releases interest to SD#1

Mahrenholz v. County Board MAJOR EVENTS: FSCS +RE 2/69: Mrs.H dies intestate; HH sole heir SD-FSCS HH-RE 5/73: Property used for storage only? (2 Possibilities: Violation or Not) 5/77: HH conveys interest to Ms 9/77: HH releases interest to SD#1

Mahrenholz v. County Board MAJOR EVENTS: FSCS +RE 2/69: SD-FSCS HH-RE GRANT VIOLATED SD-FSCS HH-RE 5/77 HH --> Ms? NO VIOLATION SD-FSCS HH-RE 5/77 HH --> Ms?

Mahrenholz v. County Board MAJOR EVENTS: FSCS +RE GRANT VIOLATED SD-FSCS HH-RE 5/77 HH --> Ms? SD-FSCS HH-RE 9/77 HH release to SD? NO VIOLATION SD-FSCS HH-RE 5/77 HH --> Ms? SD-FSCS HH-RE 9/77 HH release to SD?

Mahrenholz v. County Board MAJOR EVENTS: FSCS +RE GRANT VIOLATED SD-FSCS HH-RE 9/77 HH release to SD? SD - FS Absolute NO VIOLATION SD-FSCS HH-RE 9/77 HH release to SD? SD - FS Absolute

Mahrenholz: Summary of Possibilities

Fee Simple Determinable Fee Simple on Condition Subsequent Mahrenholz v. County Board DQs : Distinguishing Fee Simple Determinable from Fee Simple on Condition Subsequent

Mahrenholz v. County Board The court says (P583) : “The type of interest held governs the mode of reinvestment with title if reinvestment is to occur.” DQ98. What does the court mean by “reinvestment” ?

DQ99: (P584) “In Northwestern Univ. …, a convey- ance was ‘made upon the express condition that said Wesley Hospital… shall erect a hospital building on said lot … and that on the failure of said Wesley Hos- pital to carry out these conditions the title shall revert to Northwestern University.’ This language cannot be interpreted as creating anything but a fee simple subject to a condition subsequent…” WHY?