National Oreo Cookie Day National Dentist’s Day

3-6-19 National Oreo Cookie Day National Dentist’s Day
PROPERTY B SLIDES 3-6-19 National Oreo Cookie Day National Dentist’s Day

TODAY; CHECK WITH LAUREN
Wednesday March 6 Music: Bach, Unaccompanied Cello Suites Yo-Yo Ma, Cello (Released 2006) DF ROOM CHANGE TODAY; CHECK WITH LAUREN ALMOST SPRING BREAK

Vested v. Contingent Remainders cont’d

VESTED REMAINDER Grantee is living ascertainable person AND
Clause creating the remainder contains no condition on grantee taking the property except expiration of prior estate.

CONTINGENT REMAINDER Grantee is presently unborn or unascertainable *OR* Clause creating the remainder contains a condition on grantee taking the property

Life Estate + Vested Remainder
To Fred for Life, then to Wilma and her heirs.

Life Estate + Contingent Remainder
Barney “to Fred for Life, then to Wilma and her heirs if Dino survives Fred.” I’ll Show Contingency by Drawing Dotted Line, Off of the Primary Time Line, that Begins at the End of the Finite Estate

Barney “to Fred for Life, then to Wilma and her heirs if Dino survives Fred.” What happens to property when Fred dies if Dino doesn’t survive Fred? Someone must get it!

Barney “to Fred for Life, then to Wilma and her heirs if Dino survives Fred.” What happens to property when Fred dies if Dino doesn’t survive Fred? If grant doesn’t distribute some of the available rights, then those rights are retained by the grantor.

Barney “to Fred for Life then to Wilma and her heirs if Dino survives Fred.” Barney retains a reversion. HINT: If there’s a contingent remainder, the grantor always retains a reversion.

REMAINDERS “IN …” : “To Fred for life, then to Wilma for life.”
Wilma has a vested remainder in life estate “To Fred for life, then to Wilma and her heirs if Dino survives Fred. Wilma has a contingent remainder in fee simple absolute

TERMINOLOGY: ME v. WORKBOOK
Workbook: Describes all present possessory estates (Fee Simple Absolute, Life Estate, etc.) as a “Possessory Estate in …”

Workbook: Describes all present possessory estates (Fee Simple Absolute, Life Estate, etc.) as a “Possessory Estate in …” My Test Questions/Answers: Will not use the italicized phrase.

Workbook: Describes all present possessory estates (Fee Simple Absolute, Life Estate, etc.) as a “Possessory Estate in …” Maybe there to help you remember important rule: You can have only one present possessory estate at any given time with respect to a particular parcel of land.

Workbook: Adds language to define nature of future interests in grantor. E.g., Reversion in Fee Simple Absolute Possibility of Reverter in Fee Simple Absolute

Workbook: Adds language to define nature of future interests in grantor. E.g., Reversion in Fee Simple Absolute Poss. Of Reverter in Fee Simple Absolute My Test Questions/Answers Only will add this sort of language for remainders

Olympic: Problems 3A-3D EEL GLACIER

Olympic: (3A) 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?

Olympic: (3A) O conveys B-Acre "to Mayer and her heirs”
Point of 3A is meaning of “and her heirs” Clarifies that M has a Fee Simple Creates no interest in anyone else Presumptive heirs have a “mere expectancy.”

Olympic: (3A) 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?

Olympic: (3B) Kermit “to Ernie for life, then to Burt forever
Olympic: (3B) Kermit “to Ernie for life, then to Burt forever.” (Common Law) Ernie?

Olympic: (3B) Kermit “to Ernie for life, then to Burt forever.” (Common Law) Ernie: Life Estate Burt: ?

Remainder b/c Follows Life Estate
Olympic: (3B) Kermit “to Ernie for life, then to Burt forever.” (Common Law) Ernie: Life Estate Burt: Vested Remainder Remainder b/c Follows Life Estate Vested b/c Burt is Named (so Living & Ascertainable Muppet) and No Condition Precedent Vested Remainder in …?

Burt: Vested Remainder in Life Estate
Olympic: (3B) Kermit “to Ernie for life, then to Burt forever.” (Common Law) Ernie: Life Estate Burt: Vested Remainder in Life Estate At Common Law To Create Fee Simple Interest, need “and his Heirs.” Without language indicating fee simple, default estate is Life Estate.

Olympic: (3B) Kermit “to Ernie for life, then to Burt forever.” (Common Law) Ernie: Life Estate Burt: Vested Remainder in Life Estate Who Owns the Rest (rights to property after both Ernie & Burt are dead)?

State of the Title When Ernie Dies?
Olympic: (3B) Kermit “to Ernie for life, then to Burt forever.” (Common Law) Ernie: Life Estate Burt: Vested Remainder in Life Estate Kermit: Reversion (in Frog Green!) Follows finite interest if not explicitly granted to someone else State of the Title When Ernie Dies?

Olympic: (3B) Kermit “to Ernie for life, then to Burt forever.” (Common Law) Burt: Life Estate Kermit: (retains) Reversion When Burt Dies?

Olympic: (3B) Kermit “to Ernie for life, then to Burt forever.” (Common Law) Kermit (or Kermit’s Successors) have Fee Simple Absolute

Olympic: (3B) Kermit “to Ernie for life, then to Burt forever.” (Common Law) Ernie: Life Estate Burt: Vested Remainder in Life Estate Kermit: Reversion

Olympic: (3B) Kermit “to Ernie for life, then to Burt forever.” (TODAY) Ernie: Life Estate Burt: ?

Burt: Vested Remainder in Fee Simple Kermit?
Olympic: (3B) Kermit “to Ernie for life, then to Burt forever.” (TODAY) Ernie: Life Estate Burt: Vested Remainder in Fee Simple Default Estate Today is Fee Simple Kermit?

State of the Title When Ernie Dies?
Olympic: (3B) Kermit “to Ernie for life, then to Burt forever.” (TODAY) Ernie: Life Estate Burt: Vested Remainder in Fee Simple Kermit: Nothing (not easy being green) State of the Title When Ernie Dies?

Olympic: (3B) Kermit “to Ernie for life, then to Burt forever.” (TODAY) Burt: Fee Simple Absolute When Burt Dies?

Property passes by Burt’s will or through intestacy to Burt’s heirs.
Olympic: (3B) Kermit “to Ernie for life, then to Burt forever.” (TODAY) Burt: Fee Simple Absolute When Burt Dies? Property passes by Burt’s will or through intestacy to Burt’s heirs.

Olympic: (3C) Elmer “to Sylvester for life, then to Bugs and his heirs

Sylvester: Life Estate Bugs:?

Bugs dies intestate without heirs.
Olympic: (3C) Elmer “to Sylvester for life, then to Bugs and his heirs.” Sylvester: Life Estate Bugs: Vested Remainder in Fee Simple [Absolute] Bugs dies intestate without heirs. What Effect?

Sylvester Dies: What Effect?
Olympic: (3C) Elmer “to Sylvester for life, then to Bugs and his heirs.” Sylvester: Life Estate Bugs: Vested Remainder in Fee Simple Bugs dies intestate without heirs. Vested Remainder passes to State by Escheat (like rest of Bugs’s property) Sylvester Dies: What Effect?

When Bugs died intestate without heirs, Vested Remainder passed to State by Escheat. When Sylvester dies, Vested Remainder becomes Fee Simple. So: State has Fee Simple Absolute

Olympic: (3D) Mickey “to Minnie for life, then to Pluto for 99 years.”

Minnie: Life Estate Pluto?

Minnie: Life Estate Pluto: Vested Remainder in Term of Years. Anything Else?

Minnie: Life Estate Pluto: Vested Remainder in Term of Years. Mickey: Reversion

Minnie: Life Estate Pluto: Vested Remainder in Term of Years. Mickey: Reversion (eventually to his successors) Somebody has to own the rights to control the property after the first two finite interests are completed. Because Mickey did not give away those rights, he must still have them at the time of the grant.

Minnie: Life Estate Pluto: Vested Remainder in Term of Years. Mickey: Reversion (eventually to his successors) Note we say that Mickey has a Reversion even though we are pretty certain he won’t be alive when it becomes possessory (after all, he’s a mouse). When Pluto’s interest ends, Mickey’s successors will take possession.

Acadia: Problems 3E-3G Acadia Sunrise

Acadia: (3E) Derek“to Bernie for life, then to Jorge for life, then to Roger and his heirs.”

Bernie: Life Estate Jorge?
Acadia: (3E) Derek “to Bernie for life, then to Jorge for life, then to Roger and his heirs.” Bernie: Life Estate Jorge?

Jorge: Vested Remainder in Life Estate.
Acadia: (3E) 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. Note that even though Jorge has to survive Bernie for his interest to become possessory, we don’t describe this as a Contingent Remainder because the condition is not stated explicitly. Roger?

Jorge: Vested Remainder in Life Estate.
Acadia: (3E) 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.

Acadia: (3F) Reggie “to Veronica for life, then to Betty and her heirs if Betty attains the age of 21.” Betty is 15. Veronica: ?

Acadia: (3F) 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?

Acadia: (3F) 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 Fee Simple (condition of turning 21 must be met before she can get property) Anything Else?

Betty: Contingent Remainder in Fee Simple Reggie: Reversion
Acadia: (3F) 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 Fee Simple Reggie: Reversion Always Created Along with Contingent Remainder Covers Rights to Property After Veronica Dies if Betty’s Condition Not Met

Acadia: (3F) 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 Fee Simple Reggie: Reversion

What if Betty turns 21 while Veronica is alive?
Acadia: (3F) Reggie “to Veronica for life, then to Betty and her heirs if Betty attains the age of 21.” Veronica: Life Estate Betty: Contingent Remainder in Fee Simple Reggie: Reversion What if Betty turns 21 while Veronica is alive?

Acadia: (3F) Reggie “to V for life, then to B and her heirs if B attains the age of 21.” ***B turns 21 while V alive*** Veronica: Life Estate Betty’s Contingent Remainder “vests” leaving her with a Vested Remainder in Fee Simple Reggie’s Reversion now can never become possessory, so we say it “divests,” leaving him with nothing.

What if Betty dies at age 17 while Veronica is alive?
Acadia: (3F) Reggie “to Veronica for life, then to Betty and her heirs if Betty attains the age of 21.” Veronica: Life Estate Betty: Contingent Remainder in Fee Simple Reggie: Reversion What if Betty dies at age 17 while Veronica is alive?

Acadia: (3F) Reggie “to V for life, then to B and her heirs if B attains the age of 21.” ***B dies at 17 while V alive*** Veronica: Life Estate The condition can never be met, so Betty’s Contingent Remainder “fails” leaving her (and her successors) with nothing Reggie’s Reversion stays in place, so he or his successors will get the property when Veronica dies.

What if Veronica dies while Betty is still age 17?
Acadia: (3F) Reggie “to Veronica for life, then to Betty and her heirs if Betty attains the age of 21.” Veronica: Life Estate Betty: Contingent Remainder in Fee Simple Reggie: Reversion What if Veronica dies while Betty is still age 17? Life Estate is Over Betty Can’t Take, Because Condition Not Met We’ll Come Back to This After We Introduce Executory Interests

Acadia: (3G): “To my only son, Hughie, for life, then to Hughie's children and their heirs." Hughie has two living children, Dewey and Louie. Hughie?

Hughie: Life Estate Dewey & Louie?
Acadia: (3G): “To my only son, Hughie, for life, then to Hughie's children and their heirs." Hughie has two living children, Dewey and Louie. Hughie: Life Estate Dewey & Louie?

Dewey & Louie: Vested Remainders (in Fee Simple) Subject to Open
Acadia: (3G): “To my only son, Hughie, for life, then to Hughie's children and their heirs." Hughie has two living children, Dewey and Louie. Hughie: Life Estate Dewey & Louie: Vested Remainders (in Fee Simple) Subject to Open Remainders are still vested b/c M&C certain to get at least a share of the property. Use of “subject to open” makes clear that exact share of the property they will get is uncertain; reduces if more children born. NOTE: We don’t use phrase “subject to open” with contingent remainders, which are always uncertain.

Acadia: (3G): “To my only son, Hughie, for life, then to Hughie's children and their heirs." Hughie has two living children, Dewey and Louie. Hughie: Life Estate Dewey & Louie: Vested Remainders (in Fee Simple) Subject to Open Hughie has additional child, April. April has?

Acadia: (3G): “To my only son, Hughie, for life, then to Hughie's children and their heirs." Hughie has 3 living children, Dewey, Louie, April. Hughie: Life Estate Dewey & Louie & April: Vested Remainders (in Fee Simple) Subject to Open Louie (L) dies, leaving his wife, May, and a child, June; L's will devises all property to May. What happens to L’s interest?

Acadia: (3G): “To my only son, Hughie, for life, then to Hughie's children and their heirs." Hughie had 3 children, Dewey, Louie, April. Hughie: Life Estate Dewey & May & April: Vested Remainders (in Fee Simple) Subject to Open Nothing in grant requires that H’s children survive him As in Problem 4C, Vested Remainder in Fee Simple passes at death like any other property. Hughie dies. State of the title?

Hughie Dies, ending Life Estate
Acadia: (3G): “To my only son, Hughie, for life, then to Hughie's children and their heirs." Hughie Dies, ending Life Estate Dewey & May & April: Share Fee Simple Absolute (as Tenants-in-Common) For this course, only need to know that they’d share; don’t need to know term “tenants in common” or what it means.

DEFEASIBLE FEES

DEFEASIBLE FEES Dotted Line indicates Conditional Interest
Open Circle indicates that it would cut off present interest (usually at an unspecified time) as opposed to waiting for it to be complete.

DEFEASIBLE FEES: Restatement Terms
Fee Simple Determinable Fee Simple on Condition Subsequent Fee Simple on Executory Limitation

DEFEASIBLE FEES: Two Relevant Distinctions
Automatic termination v. Needs action by future interest holder Who holds future interest?: Grantor v. Grantee

DEFEASIBLE FEES: Fee Simple Determinable
OPERATION: Self-Executing (Automatically Terminates Fee Simple When Condition Occurs)

OPERATION: Self-Executing KEY LANGUAGE: “So long as”, “While”, “Until” (References to Time)

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

DEFEASIBLE FEES: Fee Simple Determinable: Example
To Estelle and her heirs so long as asparagus is not grown on the property.

DEFEASIBLE FEES: Fee Simple on Condition Subsequent
OPERATION: Grantor (or Successor) Must Act to Terminate Fee Simple

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”

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)

DEFEASIBLE FEES: Fee Simple on Condition Subsequent: Example
EXAMPLE: To Estelle and her heirs, but if asparagus is grown on the property, I can reenter and claim the land

DEFEASIBLE FEES: Fee Simple on Executory Limitation
OPERATION: Either self-executing or grantee has to act.

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

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)

DEFEASIBLE FEES: Fee Simple on Executory Limitation: Examples
To Estelle and her heirs so long as asparagus is not grown on the property, otherwise to Bob.

DEFEASIBLE FEES: 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 enter and claim the land.

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

Defeasible Fees & Matching Future Interests (Accessorizing)
FEE SIMPLE DETERMINABLE & Possibility of Reverter F.S. ON CONDITION SUBSEQ’T & Right of Re[Entry] F.S. ON EXECUTORY LIMITATION & Executory Interest

Defeasible fee in the form of a Fee Simple Determinable BUT with the future interest in third party: Me (& Restatement): “Fee Simple on Executory Limitation” Workbook: “Fee Simple Determinable” (See Workbook p.72 fn19)

TERMINOLOGY: ME v. TEXTBOOK
Textbook says Fee Simple on Executory Limitation terminates automatically (P533) 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.”

DEFEASIBLE FEES: Transfer of Fee: Effect on Condition
The purchaser/grantee of a defeasible fee takes subject to any condition not made irrelevant by the sale/transfer. Like purchaser/grantee of a Life Estate; usually can’t get more than grantor has.

The purchaser/grantee of a defeasible fee takes subject to any condition not made irrelevant by the sale/transfer. Example: To J so long as alcohol is never used on the premises. Wording of condition not limited to J; appears to apply to anyone Condition survives sale.

The purchaser/grantee of a defeasible fee takes subject to any condition not made irrelevant by the sale/transfer. Compare: To J so long as J never uses alcohol on the premises. Condition only places limit on J. Fairly minor restriction if J is not the owner. Once J is dead, condition can never be violated, so subsequent owner would have fee simple absolute.

Defeasible Finite Estates: Examples
Term of Years on Condition Subsequent: “To Josh for 20 years, but if he ever passes the bar exam, my heirs can enter & retake.” Life Estate on Executory Limitation “To Dan for life, but to Mike & his heirs if Mike ever passes the bar exam.”

Acadia: Problem 3H Acadia Sunrise

Acadia: (3H): Thelma conveys “To Louise for 99 Years if Louise so long live."

Louise: Term of years determinable.
Acadia: (3H): Thelma conveys “To Louise for 99 Years if Louise so long live." Louise: Term of years determinable. Most likely to operate as a life estate, but L might live 99 more years. (Yogurt in Georgia) Can be used where there is some legal or tax reason to avoid life estate.

Louise: Term of years determinable.
Acadia: (3H): Thelma conveys “To Louise for 99 Years if Louise so long live." Louise: Term of years determinable. What other interests are there?

Acadia: (3H): Thelma conveys “To Louise for 99 Years if Louise so long live."
Louise: Term of years determinable. Thelma: Possibility of Reverter (rights if L dies before 99 years) PLUS Reversion (rights after 99 years if L alive) =

Thelma: Possibility of Reverter plus Reversion = Reversion (Merger)
Acadia: (3H): Thelma conveys “To Louise for 99 Years if Louise so long live." Louise: Term of years determinable. Thelma: Possibility of Reverter plus Reversion = Reversion (Merger)

Doctrine of Merger **MERGE** “merge.”
If one person becomes the owner of two contiguous interests, the interests will “merge.” **MERGE**

Doctrine of Merger Example: “merge.” Spencer has a life estate.
If one person becomes the owner of two contiguous interests, the interests will Example: Spencer has a life estate. Rachel holds the reversion that follows it. If Spencer purchases the reversion from Rachel, it merges with his life estate and he will have a fee simple absolute. “merge.”

Doctrine of Merger If one person becomes the owner of two contiguous interests, the interests will Life Estate (Spencer) Reversion (Rachel  Spencer) Fee Simple Absolute (Spencer) “merge.” **MERGE**

Mahrenholz v. County Board “For School [of] Porpoises”

BADLANDS: DQs 3.05 Mahrenholz Major Events: Effect of Different Interpretations of the Grant
NORBECK PASS

Badlands DQ3.05: Mahrenholz 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

Badlands DQ3.05: Mahrenholz Major Events Fee Simple Determinable & Poss. of Rev.
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
Badlands DQ3.05: Mahrenholz Major Events Fee Simple Determinable & Poss. of Rev. 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  ?

HH-FEE SIMPLE ABS. 5/77 HH  Ms
Badlands DQ3.05: Mahrenholz Major Events Fee Simple Determinable & Poss. of Rev. SD=FSD + HH=PR 5/73: Property used for storage only GRANT VIOLATED NO VIOLATION HH-FEE SIMPLE ABS. 5/77 HH  Ms SD-FSD HH-PR 5/77 HH  Ms

Ms-FEE SIMPLE ABSOLUTE SD-FSD HH-PR  SD-FSD HH-PR
Badlands DQ3.05: Mahrenholz Major Events Fee Simple Determinable & Poss. of Rev. 5/77: HH  Mahrenholzes GRANT VIOLATED NO VIOLATION HH-FEE SIMPLE ABS.  Ms-FEE SIMPLE ABSOLUTE 9/77 HH release to SD? SD-FSD HH-PR  SD-FSD HH-PR Can’t Transfer PR in Illinois Except to Holder of Fee; Only Passes Through Intestacy 9/77 HH release to SD?

HH has Nothing, So Release Ineffective
Badlands DQ3.05: Mahrenholz Major Events Fee Simple Determinable & Poss. of Rev. 9/77: HH Release to SD GRANT VIOLATED NO VIOLATION Ms-FEE SIMPLE ABS. HH has Nothing, So Release Ineffective SD-FSD HH-PR Release to Holder of Fee Allowed; School District’s Interests Merge SD-FEE SIMPLE ABS.

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