Revised Schedule

• TUE 11/1 8:00-9:20

• WED 11/2 8:00-10:00

• THU 11/3 8:00-9:20

• SAT 11/5 9:00-10:20

• MON 11/7 8:00-10:00 (Review)

• TUE 11/8 8:00-9:10 (Exam)

Correction for Tomorrow’s Reading

• Section on “Vested Remainders Subject to Open” is (W138-42)

WHITE v.

BROWN

DQ1: The White majority states that “the free

alienation of property [is] one of the most significant

incidents of fee ownership.”

Why is it significant?

DQ2:The White majority complains that “the words chosen by the testatrix are

not specific enough to clearly state her intent."

What do you think Jessie Lide’s intent is?

I wish Evelyn White to have my home to live in and not to be sold. I also leave my personal property to Sandra White Perry. My house is not to be sold.

Why does the majority have problems

discerning Jessie Lide’s intent?

I wish Evelyn White to have my home to live in and not to be sold. Possible Characterizations

• Fee Simple

• Life Estate

• Conditional Fee– So long as not sold– So long as E lives there

• Conditional Life Estate

DQ3: WHAT ARE THE MAJORITY’S ARGUMENTS

THAT MS. LIDE INTENDED TO CREATE

A FEE SIMPLE?

MAJORITY ARGUMENTS(FEE SIMPLE)

• Presumption that grant conveys whole estate

• No gift over

• Partial intestacy disfavored

DQ3: WHAT ARE THE DISSENT’S

ARGUMENTSTHAT MS. LIDE

INTENDED TO CREATE A LIFE ESTATE?

DISSENT ARGUMENTS(LIFE ESTATE)

• Grantor limited power to dispose

• Grant says “to live in”

• No limits in gift to niece

I wish Evelyn White to have my home to live in and not to be sold. I also leave my personal property to Sandra White Perry. My house is not to be sold.

Whose Arguments Seem Stronger?

HOLDING OF WHITE v. BROWN

The Property Can Be Sold!!!

DQ4:What additional facts might add weight to the majority opinion?

To the dissent?

PROBLEMS A-F

Featuring Group Orange

(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)

(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 (to his heirs or devisees)

(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

(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 Fee Simple

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 fee simple.

Reggie’s reversion “divests,” leaving him with nothing.

(6F) 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?

DEFEASIBLE FEES

v. CONTINGENT REMAINDERS

DEFEASIBLE FEES

• PRESENT INTEREST IS FEE

CONTINGENTREMAINDERS

• PRESENT INTEREST IS FINITE

DEFEASIBLE FEES

• PRESENT INTEREST IS FEE

• PRESENT ESTATE CUT OFF IF CONDITION MET

CONTINGENTREMAINDERS

• PRESENT INTEREST IS FINITE

• PRESENT ESTATE TERMINATES NATURALLY

DEFEASIBLE FEES

• PRESENT INTEREST IS FEE

• PRESENT ESTATE CUT OFF IF CONDITION MET

• FUTURE INTEREST IN EITHER GRANTOR OR GRANTEE

CONTINGENTREMAINDERS

• PRESENT INTEREST IS FINITE

• PRESENT ESTATE TERMINATES NATURALLY

• REMAINDER IN GRANTEE PLUS REVERSION IN GRANTOR

Pepe grants Tealacre to Rory and his heirs, but if Totie loses 100 pounds, she may enter and retake the land.

(Fee Simple on Executory Limitation + Executory Interest)

Pepe grants Tealacre to Rory for life, then to Totie if she loses 100 pounds.

(Life Estate + Contingent Remainder)

THE “READY

BETTY” JOKE