Mahrenholz P583: [A] grantor should give a FSD if he intends to give property for so long as it is needed for the purposes for which it is given and no longer, but he should employ a FSCS if he intends to compel compliance with a condition by penalty of a forfeiture.

* Pretty fine distinction

* Court is describing idealized use of the forms

* Can use to argue a grant is FSD or FSCS

Use a FSD “to give property for so long as it is needed for the purposes for

which it is given and no longer”

• To Xavier, so long as he operates his dental practice on the premises.

• To Yolanda, so long as she doesn’t remarry.

• To Zebulon University, so long as it is used as a research laboratory.

Use a FSCS “to compel compliance with a condition by penalty of a forfeiture.”

• To Xavier, but if the property is ever used for commercial purposes …

• To Yolanda, but if alcohol is ever used on the premises …

• To Zebulon University for construction of a science building, but if the building is not completed within 5 years or if it ever ceases to be used for educational purposes …

(I) O conveys "to J and her heirs so long as the premises are not used for sale of beer, wine, or liquor, and if beer, wine, or liquor is sold on the premises, O retains a right to re-enter the premises." J opens a restaurant that serves several dishes cooked with wine or flamed with brandy and at Sunday brunch offers a free glass of champagne. The restaurant is successful, and 11 years after its opening D wants to buy it and add a bar. Advise D.

PROBLEM I: MULTI-STEP ANALYSIS

• FSD or FSCS?

• CONDITION VIOLATED?

• EFFECT OF VIOLATION?

• ADVICE RE PURCHASE

For Review Problems

• Remember not in same form as your test.

• Try to make similar lists of key questions & ambiguities

• Try to follow decision tree out as far as you can

• We’ll go over in class as time permits: I’ll aim to do one from each panel.

• I’ll post suggested analysis for all review problems after class on Friday.

PROBLEM I: MULTI-STEP ANALYSIS

• FSD or FSCS?

• CONDITION VIOLATED?

• EFFECT OF VIOLATION?• ADVICE RE PURCHASE

(i): “To J … so long as … premises are not used for sale of beer, wine, or liquor, and if beer, wine, or liquor is sold on ... premises O retains a right to re-enter….” J’s restaurant serves dishes cooked with wine/brandy and offers free glass of champagne. IF VIOLATION, RESULT?

If O has Possibility of Reverter?

O gets legal title at moment of violation.

If sufficient time has passed, J may have title through adverse possession

(i): “To J … so long as … premises are not used for sale of beer, wine, or liquor, and if beer, wine, or liquor is sold on ... premises O retains a right to re-enter….” J’s restaurant serves dishes cooked with wine/brandy and offers free glass of champagne. IF VIOLATION, RESULT?

If O has Right of Entry (RE)?

Assuming O has not acted, O still has RE

If O is aware of Julia’s use of alcohol, may be held to have waived the right to enforce regarding these kinds of uses of alcohol.

PROBLEM I: MULTI-STEP ANALYSIS

• FSD or FSCS?

• CONDITION VIOLATED?

• EFFECT OF VIOLATION?

• ADVICE RE PURCHASE

11 years after its opening Donald wants to buy

restaurant and add a bar. Advise Donald.

Note that if J sells a defeasible fee to D, D takes subject to any condition not made irrelevant by the sale.• 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.

Note that if J sells a defeasible fee to D, D takes subject to any condition not made irrelevant by the sale.

• To J so long as J does not use the land for commercial purposes. – Condition only places limit on J.

– Essentially void if J is not the owner.

– Once J is dead, condition can never be violated, so owner would have fee simple absolute.

Plausible Advice to Donald Includes:

• Buy both present estate and future interest (or “all rights” of both J and O) to merge into fee simple absolute

• Serve free liquor & raise prices (and argue waiver if O questions)

• Make purchase contingent on J insuring right to use alcohol (winning suit re adverse possession/ waiver/etc.; buying future interest; waiver K with O)

EXECUTORY INTERESTS

• Future interest in grantee

• Cuts off prior vested interest (present estate or vested remainder) rather than waiting for it to expire naturally.

Pre-1536 Limitations on Future Interests in Grantees

• Must follow finite estate

• Must be capable of taking effect at the expiration of preceding estate

• Must not take effect before the expiration of the preceding estate

EXECUTORY INTERESTS

• Future interest in grantee

• Cuts off prior vested interest rather than waiting for it to expire naturally.

• Shifting Executory Interest cuts off another grantee

EXECUTORY INTERESTS

• Future interest in grantee

• Cuts off prior vested interest rather than waiting for it to expire naturally.

• Shifting Executory Interest cuts off another grantee

• Springing Executory Interest cuts off grantor

EXECUTORY INTERESTS(EXAMPLES)

• Shifting Executory Interest: To Justin & his heirs so long as no tobacco is grown on the land, otherwise to Eric and his heirs.

EXECUTORY INTERESTS(EXAMPLES)

• Shifting Executory Interest: To Justin & his heirs so long as no tobacco is grown on the land, otherwise to Eric and his heirs.

• Springing Executory Interest: To Crystal if she passes the

California bar exam.

(F) 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 happens if Veronica dies when Betty is 17?

(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? (Common Law):

If contingency not met when prior estate ends, contingent remainder is destroyeddestroyed.Betty has nothing.

Reggie has fee simple absolute.

DOCTRINE OF DESTRUCTABILITY OF

CONTINGENT REMAINDERS

If contingency not met when prior estate ends, contingent

remainder is destroyeddestroyed

DOCTRINE OF DESTRUCTABILITY OF

CONTINGENT REMAINDERS

Overruled by statute or caselaw in every American jurisdiction except Florida

(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? (Modern View):

If contingency not met when prior estate ends, we wait to see if it is met later.Betty’s remainder becomes an executory interest.

Reggie has fee simple on executory limitation

(F) Reggie “to Veronica for life, then to Betty and her heirs if Betty

attains the age of 21.”

Veronica dies; Betty is 17 (Modern View)

DOCTRINE OF DESTRUCTABILITY OF

CONTINGENT REMAINDERS(Second Common Application)

Where there is a life estate, a contingent remainder, and a reversion, and the life estate and reversion merge into a fee simple, the contingent remainder is

destroyed

(F) Reggie “to Veronica for life, then to Betty and her heirs if Betty

attains the age of 21.”

Veronica buys R’s reversion (Destructability)

(F) Reggie “to Veronica for life, then to Betty and her heirs if Betty attains the

age of 21.”

Veronica buys R’s reversion (Modern View)

“At Common Law”

v.

“Today”

Default Estate“At Common Law” v. “Today”

Life Estate Fee SimpleSee White v. Brown

& Williamson v.

Williamson(P578)

“to X and the Heirs of his Body”

“At Common Law” v. “Today”

Created a Traditional

Fee Tail

Traditional Fee Taileliminated;

state statutes provide different results when

this language used [See P576]

Doctrine of Destructability of Contingent Remainders

“At Common Law” v. “Today”

Appliedeverywhere

Eliminated in allstates except Florida

DOCTRINE OF DESTRUCTABILITY OF

CONTINGENT REMAINDERS(Second Common Application)

Where there is a life estate, a contingent remainder, and a reversion, and the life estate and reversion merge into a fee simple, the contingent remainder is

destroyed

(F) Reggie “to Veronica for life, then to Betty and her heirs if Betty

attains the age of 21.”

Veronica buys R’s reversion (Destructability)

(F) Reggie “to Veronica for life, then to Betty and her heirs if Betty attains the

age of 21.”

Veronica buys R’s reversion (Modern View)

PROBLEM J

Featuring The Grateful Dead

(J): Mary "to Rhoda for life, then to Ted if Ted gives Mary a proper

funeral."

Rhoda?

(J): Mary "to Rhoda for life, then to Ted if Ted gives Mary a proper

funeral."

Rhoda: Life Estate

Ted?

(J):Mary "to Rhoda for life, then to Ted if Ted gives Mary a proper

funeral."

Rhoda: Life Estate

Ted?: Contingent Remainder (in f.s.)

Other?

(J): Mary "to Rhoda for life, then to Ted if Ted gives Mary a proper funeral."

Rhoda: Life Estate

Ted?: Contingent Remainder (in f.s.)

Mary: Reversion

(J): Mary "to Rhoda for life, then to Ted if Ted gives Rhoda a proper

funeral."

Rhoda: Life Estate

What difference does change make?

(J): Mary "to Rhoda for life, then to Ted if Ted gives Rhoda a proper funeral."

Rhoda: Life Estate

What difference does change make?

Ted can’t possibly give Rhoda a “proper” funeral by the time Rhoda dies. Thus, Ted’s interest cannot be a remainder; there will be a gap between the end of the life estate and Ted’s interest. So Ted has …?

(J): Mary "to Rhoda for life, then to Ted if Ted gives Rhoda a proper

funeral." Rhoda: Life Estate

Mary: Reversion

Ted: Springing Executory Interest (in f.s.)

EXAM TIP: USE COMMON SENSE!!

• Can’t give a “proper” funeral to a person until after death

EXAM TIP: USE COMMON SENSE!!

• Can’t give a “proper” funeral to a person until after death.

• If an interest is conveyed in a will, the grantor is dead.

Vested Remainder Subject to Divestment

=Vested Remainder Subject to Complete Defeasance (P596)

CONTINGENT REMAINDER v. VESTED REMAINDER SUBJECT TO DIVESTMENT

(1) To A for life, then to B & her heirs if she turns 21, but if B dies before 21, then

to C and his heirs.

(2) To A for life, then to B & her heirs, but if B dies before 21, then to C & his heirs.

CONTINGENT REMAINDER v. VESTED REMAINDER SUBJECT TO DIVESTMENT

(1) To A for life, then to B & her heirs if she turns 21, but if B dies before 21, then to C and his heirs.

(2) To A for life, then to B & her heirs, but if B dies before 21, then to C & his heirs.

A alive; B dies at 17:

(1+2) B gets 0; C gets fee simple at A’s death

CONTINGENT REMAINDER v. VESTED REMAINDER SUBJECT TO DIVESTMENT

(1) To A for life, then to B & her heirs if she turns 21, but if B dies before 21, then to C and his heirs.

(2) To A for life, then to B & her heirs, but if B dies before 21, then to C & his heirs.

A alive; B dies at 17: B gets 0; C gets fee simple at A’s death

A alive; B turns 21:

(1+2) B has vested remainder; C’s interest fails

CONTINGENT REMAINDER v. VESTED REMAINDER SUBJECT TO DIVESTMENT

(1) To A for life, then to B & her heirs if she turns 21, but if B dies before 21, then to C and his heirs.

(2) To A for life, then to B & her heirs, but if B dies before 21, then to C & his heirs.

A dies; B is 17

(1) Grantor has fee simple on executory limitation; B & C have springing executory interests.

CONTINGENT REMAINDER v. VESTED REMAINDER SUBJECT TO DIVESTMENT

(1) To A for life, then to B & her heirs if she turns 21, but if B dies before 21, then to C and his heirs.

(2) To A for life, then to B & her heirs, but if B dies before 21, then to C & his heirs.

A dies; B is 17

(1) Grantor has fee simple on executory limitation; B & C have springing executory interests.

(2) B has fee simple on executory limitation; C has shifting executory interest.

VESTED REMAINDER SUBJECT TO DIVESTMENT v. VESTED REMAINDER IN FEE

SIMPLE ON EXECUTORY LIMITATION

To A for life, then to B & her heirs, but if B dies before turning 21, then to C & his heirs.

Condition can occur before B obtains possession.

VESTED REMAINDER SUBJECT TO DIVESTMENT v. VESTED REMAINDER IN FEE

SIMPLE ON EXECUTORY LIMITATION

To A for life, then to B & her heirs, but if B dies before 21, then to C & his heirs.

Condition can occur before B obtains possession.

To A for life, then to B & her heirs, but if B ever uses the land for commercial purposes, to C & his

heirs.

Condition cannot occur before B obtains possession

COMMON MISTAKESCOMMON MISTAKES

Contingent Remainder Subject to Open

Contingent Remainder Subject to Divestment

Executory Interest Subject to Divestment

COMMON MISTAKESCOMMON MISTAKES

Contingent Remainder Subject to Open

Contingent Rem. Subject to Divestment

Executory Interest Subject to Divestment

PROBLEMS K-L

Featuring The Grateful Dead

(K): “To George for life, then to Kramer and his heirs; but if

Kramer does not attain the age of 21, then to Elaine and her heirs."

Kramer is 15 years old.

George?

(K): “To George for life, then to Kramer and his heirs; but if Kramer does not attain the age of 21, then to Elaine and her heirs." Kramer is 15 years old.

George: Life Estate

Kramer?

(K): “To George for life, then to Kramer and his heirs; but if Kramer does not attain the age of 21, then to Elaine and her heirs."

Kramer is 15 years old.

George: Life Estate

Kramer: Vested Remainder (in f.s.) subject to divestment

Elaine?

(K): “To George for life, then to Kramer and his heirs; but if Kramer does not attain the age of 21, then to Elaine and her heirs."

Kramer is 15 years old.

George: Life Estate

Kramer: Vested Remainder (in f.s.) subject to divestment

Elaine: Shifting executory interest (in f.s.)

(L): Daffy "to Tweety for life, then to such of Tweety's children as survive him, but if none of Tweety's children survives him,

then to Peggy and her heirs." Tweety has 2 children, Heckle and Jeckle.

Tweety?

(L): Daffy "to Tweety for life, then to such of Tweety's children as survive him, but if none of Tweety's children survives him,

then to Peggy and her heirs." Tweety has 2 children, Heckle and Jeckle.

Tweety: Life Estate

Tweety’s Children?

(L): Daffy "to Tweety for life, then to such of Tweety's children as survive him, but if none of Tweety's children survives him,

then to Peggy and her heirs." Tweety has 2 children, Heckle and Jeckle.

Tweety: Life Estate

Tweety’s Children: Contingent remainders (in f.s.) (must survive Tweety)

Peggy?

ALTERNATIVE CONTINGENT REMAINDERS

Two contingent remainders for which the event that causes each one to vest will

destroy the other.

ALTERNATIVE CONTINGENT REMAINDERS

Two contingent remainders for which the event that causes each one to vest will

destroy the other.

Here, either (1) Tweety will be survived by children (who would then take) or (2) he won’t (Peggy takes)

These are the only two possibilities.

(L): Daffy "to Tweety for life, then to such of Tweety's children as survive him, but if none of Tweety's children survives him,

then to Peggy and her heirs." Tweety has 2 children, Heckle and Jeckle.

Tweety: Life Estate

Tweety’s Children: Contingent remainders (in f.s.) (must survive Tweety)

Peggy: Alternative contingent remainder (in f.s.)

Other?

(L): Daffy "to Tweety for life, then to such of Tweety's children as survive him, but if none of Tweety's children survives him,

then to Peggy and her heirs." Tweety has 2 children, Heckle and Jeckle.

Tweety: Life EstateHeckle/Jeckle: Contingent remainders (in f.s.)

(must survive Tweety)

Peggy: Alternative contingent remainder (in f.s.)

Daffy: Reversion (even when alternate contingent remainders)

(L): Daffy "to Tweety for life, then to such of Tweety's children as survive him, but if none of Tweety's children survives him, then to Peggy

and her heirs." Tweety: Life Estate

Heckle/Jeckle: Contingent remainders (in f.s.)

(must survive Tweety)

Peggy: Alternative contingent remainder (in f.s.)

Daffy: Reversion

PROBLEMS M-N

Featuring The Temptations

(M): Amanda "to Billy for life, then to Billy's children and their heirs, but if at Billy's

death he is not survived by any children, then to Jo and her heirs."

Billy has no children.

Billy?

(M): Amanda "to Billy for life, then to Billy's children and their heirs, but if at Billy's

death he is not survived by any children, then to Jo and her heirs."

Billy has no children.

Billy: Life Estate

Billy’s children?

(M): Amanda "to Billy for life, then to Billy's children and their heirs, but if at Billy's

death he is not survived by any children, then to Jo and her heirs."

Billy has no children.

Billy: Life Estate

Billy’s children: Contingent remainder (in f.s.)

(unborn)

Jo?

ALTERNATIVE CONTINGENT REMAINDERS

Two contingent remainders for which the event that causes each one to vest will

destroy the other.

(M): Amanda "to Billy for life, then to Billy's children and their heirs, but if at Billy's

death he is not survived by any children, then to Jo and her heirs."

When does contingent remainder in children vest?

(M): Amanda "to Billy for life, then to Billy's children and their heirs, but if at Billy's

death he is not survived by any children, then to Jo and her heirs."

Contingent remainder in children vests when a child is born.

When does contingent remainder in Jo vest?

(M): Amanda "to Billy for life, then to Billy's children and their heirs, but if at Billy's

death he is not survived by any children, then to Jo and her heirs."

Contingent remainder in children vests when a child is born.

Contingent remainder in Jo vests when Billy dies survived by no children.

Is the interest in Jo destroyed when the interest in the children vests?

(M): Amanda "to Billy for life, then to Billy's children and their heirs, but if at Billy's

death he is not survived by any children, then to Jo and her heirs."

Billy has no children.

Billy: Life Estate

Billy’s children: Contingent remainder (in f.s.)

Jo: Contingent remainder (in f.s.)

(Not alternate)

Anything else?

(M): Amanda "to Billy for life, then to Billy's children and their heirs, but if at Billy's

death he is not survived by any children, then to Jo and her heirs."

Billy has no children.

Billy: Life Estate

Billy’s children: Contingent remainder (in f.s.)

Jo: Contingent remainder (in f.s.)

(Not alternate)

Amanda: Reversion

(M): Amanda "to Billy for life, then to Billy's children and their heirs, but if at Billy's

death he is not survived by any children, then to Jo and her heirs."

Billy: Life Estate

Billy’s children: Contingent remainder (in f.s.)

Jo: Contingent remainder (in f.s.)

(Not alternate)

Amanda: Reversion

Billy has child, Sydney. Effect?

(M): Amanda "to Billy for life, then to Billy's children and their heirs, but if at Billy's

death he is not survived by any children, then to Jo and her heirs."

Billy has child, Sydney.

Billy: Life Estate

Sydney?

(M): Amanda "to Billy for life, then to Billy's children and their heirs, but if at Billy's

death he is not survived by any children, then to Jo and her heirs."

Billy has child, Sydney.

Billy: Life Estate

Sydney: Vested Remainder (in f.s.), subject to open, subject to divestment. (Contingent remainder vests)

Jo?

(M): Amanda "to Billy for life, then to Billy's children and their heirs, but if at Billy's

death he is not survived by any children, then to Jo and her heirs."

Billy has child, Sydney.

Billy: Life Estate

Sydney: Vested Remainder (in f.s.), subject to open, subject to divestment.

Jo: Shifting Executory Interest (in f.s.)

Amanda?

(M): Amanda "to Billy for life, then to Billy's children and their heirs, but if at Billy's

death he is not survived by any children, then to Jo and her heirs."

Billy has child, Sydney.

Billy: Life Estate

Sydney: Vested Remainder (in f.s.), subject to open, subject to divestment.

Jo: Shifting Executory Interest (in f.s.)

Amanda: Nothing (reversion divested)

(N): Clark “to Jimmy for life, then to Lois and her heirs, but if Jimmy is survived at his death by any children, then to such

surviving children and their heirs.

Jimmy has children, Perry & Della.

Jimmy?

(N): Clark “to Jimmy for life, then to Lois and her heirs, but if Jimmy is survived at his death by any children, then to such

surviving children and their heirs.

Jimmy has children, Perry & Della.

Jimmy: Life Estate

Lois?

(N): Clark “to Jimmy for life, then to Lois and her heirs, but if Jimmy is survived at his death by any children, then to such

surviving children and their heirs.

Jimmy has children, Perry & Della.

Jimmy: Life Estate

Lois: Vested remainder (in f.s.) subj. to divestment

Perry/Della?

(N): Clark “to Jimmy for life, then to Lois and her heirs, but if Jimmy is survived at his death by any children, then to such

surviving children and their heirs.

Jimmy has children, Perry & Della.

Jimmy: Life Estate

Lois: Vested remainder (in f.s.) subj. to divestment

Perry/Della: Shifting executory interest (in f.s.)

Clark?

(N): Clark “to Jimmy for life, then to Lois and her heirs, but if Jimmy is survived at his death by any children, then to such

surviving children and their heirs.

Jimmy has children, Perry & Della.

Jimmy: Life Estate

Lois: Vested remainder (in f.s.) subj. to divestment

Perry/Della: Shifting executory interest (in f.s.)

Clark? Nothing

(L) (M) (N) TRYING TO DO SAME THINGS:

(1) To A for life(2) If A has any surviving children,

they should take(3) If no surviving children, to B

BUT 3 DIFFERENT SETS OF INTERESTS CREATED

UNACCEPTABLE CONDITIONS

Conditions So Abhorrent …

You Can’t Even Impose Them

on Your Own Children

UNACCEPTABLE CONDITIONS

• Doing Criminal Acts

UNACCEPTABLE CONDITIONS

• Doing Criminal Acts

• Total Restraint on Alienation– Partial Restraint OK if Reasonable

• Casebook says only if Promissory (P625)• Other sources say sometimes Forfeiture

UNACCEPTABLE CONDITIONS

• Doing Criminal Acts• Total Restraint on Alienation

– Partial Restraint OK if Reasonable– Most Restrictions Restrain Alienation to Some Extent

• If too burdensome/weird could treat as too much restraint• See Casebook at P632-33

UNACCEPTABLE CONDITIONS

• Doing Criminal Acts• Total Restraint on Alienation

– Partial Restraint OK if Reasonable– Most Restrictions Restrain Some – Use Restrictions (Only by X?)

• OK if Charitable• Some jurisd: Non-Charitable = Unreas. Restraint on Alienation

UNACCEPTABLE CONDITIONS

• Doing Criminal Acts

• Total Restraint on Alienation

• Total Restraint on Marriage– Some Jurisd: Maybe OK if Life Estate

– Some Jurisd allow partial restraints• Until turn 25• Shapira

UNACCEPTABLE CONDITIONS

• Doing Criminal Acts

• Total Restraint on Alienation

• Total Restraint on Marriage

• Obtaining Divorce

UNACCEPTABLE CONDITIONS• Doing Criminal Acts

• Total Restraint on Alienation

• Total Restraint on Marriage

• Obtaining Divorce

• Race-Based Limitations (Unenforceable)– Sex-Based Upheld w/in Family

– Religion: (Discuss w Shapira)

PROBLEM O

Featuring The Temptations

(O) Archie in will: “To my wife Edith, for her use & benefit, so long as she remains unmarried.” Residue to daughter Gloria.

Edith moves in with male friend, Sherman. Edith subsequently dies, devising her property to Sherman.

(O): 3 QUESTIONS

• “To my wife Edith, for her use & benefit, so long as she remains unmarried.” Life estate determinable or fee simple determinable?

(O) 3 QUESTIONS

• “To my wife Edith, for her use & benefit, so long as she remains unmarried.” Life estate determinable or fee simple determinable?

• Is condition restraining second marriage void as against public policy?

(O): 3 QUESTIONS

• “To my wife Edith, for her use & benefit, so long as she remains unmarried.” Life estate determinable or fee simple determinable?

• Is condition restraining second marriage void as against public policy?

• Is cohabitation a violation of a restraint on marriage?

(O): 1st QUESTION:ARGUMENTS?

• “To my wife Edith, for her use & benefit, so long as she remains unmarried.” Life estate determinable or fee simple determinable?

(O): 1st QUESTION

“To my wife Edith, for her use & benefit, so long as she remains unmarried.” Life estate determinable or fee simple determinable?

• Presumption of Fee Simple

• Use and Benefit Sounds Like Life Estate

• Condition is Consistent with Intent to Support

• Reasonable to Think Archie would try to Protect Gloria (not Edith’s daughter)

(O): 1st QUESTION

• “To my wife Edith, for her use & benefit, so long as she remains unmarried.”

• Majority: E = Fee Simple Determinable A G =– Remaining Future Interest in Archie passed to

Gloria through residuary clause in will

(O): 1st QUESTION

• “To my wife Edith, for her use & benefit, so long as she remains unmarried.”

• Majority: E = Fee Simple Determinable A G = Possibility of Reverter

(O): 1st QUESTION

• “To my wife Edith, for her use & benefit, so long as she remains unmarried.”

• Majority: E = Fee Simple Determinable A G = Possibility of Reverter

• Some: E = Life Estate Determinable A G =

(O): 1st QUESTION

• “To my wife Edith, for her use & benefit, so long as she remains unmarried.”

• Majority: E = Fee Simple Determinable A G = Possibility of Reverter

• Some: E = Life Estate Determinable A G = Possibility of Reverter +Reversion = Reversion (Merger)

(O): 2d QUESTION:ARGUMENTS?

• Is condition restraining second marriage void as against public policy?

(O): 2d QUESTION

• Is condition restraining second marriage void as against public policy? Result:–If not, nothing changes

–If so, pencil out condition

(O): 2d QUESTION

• If condition void, pencil out condition

–“To my wife Edith, for her use & benefit, so long as she remains unmarried.”

(O): 2d QUESTION

• If condition void, pencil out condition– “To my wife Edith, for her use & benefit.”

• Majority: E = Fee Simple Absolute• Some: E = Life Estate A

G = Reversion

(O): 2d QUESTION

• If condition void, pencil out condition– “To my wife Edith, for her use & benefit.”

– Edith Dies?

• Majority: E = Fee Simple Absolute– S= Fee Simple Absolute

• Some: E = Life Estate A G = Reversion– G = Fee Simple Absolute

(O): 3d QUESTION:ARGUMENTS?

• Is cohabitation a violation of a restraint on marriage?

(O): 3d QUESTION

• Is cohabitation a violation of a restraint on marriage?

– If yes, Gloria gets fee simple absolute.– If no (Restatement position) nothing

changes

(O): Final Point: E Dies, Condition Valid, No Violation

• “To my wife Edith, for her use & benefit, so long as she remains unmarried.”

– Some: E = Life Estate Determinable G = Possibility of Reverter +Reversion = Reversion (Merger)

– Who Gets?

(O): Final Point: E Dies, Condition Valid, No Violation

• “To my wife Edith, for her use & benefit, so long as she remains unmarried.”

– Some: E = Life Estate Determinable G = Possibility of Reverter +Reversion = Reversion (Merger)

• G = Fee Simple Absolute

(O): Final Point: E Dies, Condition Valid, No Violation

• “To my wife Edith, for her use & benefit, so long as she remains unmarried.”

– Majority: E = Fee Simple Determinable G = Possibility of Reverter

– Who Gets?

(O): Final Point: E Dies, Condition Valid, No Violation

• “To my wife Edith, for her use & benefit, so long as she remains unmarried.”

– Majority: E = Fee Simple Determinable G = Possibility of Reverter

–S = Fee Simple Absolute (Condition Can Never Occur)