PROPERTY A SLIDES

1. PROPERTY A SLIDES 3-7-17 National Pancake Day

2. Tuesday March 7 Music to Accompany MahrenholzIsaac Stern, 60th Anniversary Celebration (1981)New York Philharmonic Orchestra; Violins: Isaac Stern, Itzhak Perlman, PinchasZucherman1982 Grammy Award for Best Classical Performance (Soloists with Orchestra)

3. Whitev. Brown (S71-75)A Few Clarifying Points • On Q of Life Estate v. Fee Simple, Grant is Truly Ambiguous • No Explicit Language Either Way • Legal Rules of Construction Point Both Ways • You Could Agree with Hammond Position: Life Estate Seems to Fit Total Language of Grant Better • BUT Majority Not Rewriting/Modifying Grant, but Relying on Strength of Presumptions of F.S./Transfer of All

4. Whitev. Brown (S71-75)A Few Clarifying Points • On Q of Life Estate v. Fee Simple, Grant is Truly Ambiguous • Maj. Relies on Strength of Presumptions of F.S./Transfer of All • Cases cited find F.S. Despite Stronger Life Estate Language • Green: to husband “to be used by him for his support and comfort during his life” • Williams: to children “for and during their natural lives” • BUT As Dissent points out, these cases did not include no-sale language and Williams had other language suggesting children got more than just life estate

5. Whitev. Brown (S71-75)A Few Clarifying Points • On Q of Life Estate v. Fee Simple, Grant is Truly Ambiguous • Maj. Relies on Strength of Presumptions of F.S./Transfer of All • Remember in the end, although dissent’s technical arguments may seem stronger, majority allows $$ from sale to support Evelyn (who cannot live in the house) so it may come closer to Jessie’s real intent. QUESTIONS?

6. Olympic: Problems 3C-3D EEL GLACIER

7. Olympic: (3C) Elmer “to Sylvester for life, then to Bugs and his heirs.” • Sylvester: ?

8. Olympic: (3C) Elmer “to Sylvester for life, then to Bugs and his heirs.” • Sylvester: Life Estate • Bugs:?

9. 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?

10. 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?

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

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

13. Olympic: (3D) Mickey “to Minnie for life, then to Pluto for 99 years.” • Minnie: Life Estate • Pluto?

14. Olympic: (3D) Mickey “to Minnie for life, then to Pluto for 99 years.” • Minnie: Life Estate • Pluto: Vested Remainder in Term of Years. • Anything Else?

15. Olympic: (3D) Mickey“to Minnie for life, then to Pluto for 99 years.” • Minnie: Life Estate • Pluto: Vested Remainder in Term of Years. • Mickey: Reversion

16. Olympic: (3D) 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 successors) • Somebody has to own the rights to 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.

17. Olympic: (3D) 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 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.

18. Acadia: Problems 3E-3G Acadia Sunrise

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

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

21. 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?

22. 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.

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

24. 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?

25. 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?

26. 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

27. 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

28. 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?

29. 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.

30. 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?

31. 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.

32. 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

33. 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?

34. 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?

35. 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 exactshare 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.

36. 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?

37. 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?

38. 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?

39. 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.

40. DEFEASIBLE FEES

41. 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.

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

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

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

45. DEFEASIBLE FEES:Fee Simple Determinable • OPERATION: Self-Executing • KEY LANGUAGE: “So long as”, “While”, “Until” (References to Time)

46. DEFEASIBLE FEES:Fee Simple Determinable • OPERATION: Self-Executing • KEY LANGUAGE: “So long as”, “While”, “Until” • FUTURE INTEREST: “Possibility of Reverter” (in GRANTOR)

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

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

49. DEFEASIBLE FEES: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”

50. DEFEASIBLE FEES: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)