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PROBLEMS IN ESTATES IN LAND AND FUTURE INTERESTS Enter your answer in the box provided below the problem. (If you want the result to print out in multiple lines, type ‘<br>’ at the end of each line.) Click on ‘My Answer’ to see your answer printed out. To check it, click on ‘Check Answer’. Some of the answers contain explanations, including doubts as to the correctness of the answer. If you want to try answering question again without the seeing the answer, reload the page. Not all of these problems are numbered problems in DKM4. The problem is followed in parentheses by the number in DKM4 if such a number exists and by the number of the class outline and the paragraph number in the outline in which they are found. Fully describe the interest of all parties named or described in the following instruments in a common-law jurisdiction as of the effective date of the instrument (recall that a devise is not effective until the devisor’s death). 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 all grants are assumed to be in fee simple unless the contrary is expressed. The problems assume the modern relaxations of the destructability of contingent remainders, but the answers give the result both at common law and under the modern rules. G = G grants D = D devises —> = the land to To introduce the topic of executory interests, let us go back to two problems that we did last time:
Check Answer Check Answer An executory interest (x.i.) is any future interest created in a party other than the G’or/D’or which cannot take effect after the natural expiration of the preceding freehold estate. Prior to the statute of Uses (1536), executory interests could not be created at law, but they could be after that date. Executory interests were not subject to the common-law rules of destructibility, but they were subject to the Rule Against Perpetuities (of which more later). Check Answer Check Answer Check Answer We are skipping DKM4, no. 14, which involves the common-law doctrine of destructability. Before we consider the factual variations, try to describe generally what these grants create and what the difference is between them. (WARNING: A grant to the heirs of a living person is always contingent. No one’s heirs can identified until s/he is dead.) Check Answer Consider the following factual variations for both nos. 6 and 7. (I have expanded them from what they are in DKM4.) (a) A has no children (Class outline 17, 3a) (i) A and B are both alive (Class outline 17, 3ai) Check Answer (ii) A dies, survived by B (Class outline 17, 3aii) Check Answer (iii) B dies, survived by A (Class outline 17, 3aiii) Check Answer (iv) B dies, then A dies (Class outline 17, 3aiv) Check Answer (b) A has at least one child. Consider the effect of this generally before considering the factual variations. (Class outline 17, 3b) Check Answer (i) A & B living. A has one child, 5-yr. old C (Class outline 17, 3bi) Check Answer (ii) A & B living. C dies at age 10. Then A dies. (Class outline 17, 3bii) Check Answer (iii) A & B living. B dies. Then A dies survived by C, an 18-year old. (Class outline 17, 3biiii) Check Answer (iv) A & B living. A has a 22-yr. old child C and an 18-yr. old D. (Class outline 17, 3biv) Check Answer (v) A & B living. A has a 22-yr. old child C and an 18-yr. old D. Then B dies. Then A dies. (Class outline 17, 3bv) Check Answer
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