RAP exercises
1.
O grants Pemberley to A for life, then to A’s first child to reach the age of 25.
A is alive and has one child B, who is 22 years old. Apply the common law version of the RAP
SOT: A has a Life estate, B has a contingent remainder in fee simple absolute. O has a reversion in
FSA. CR must be tested.
RAP: The contingent remainder is void.
A can have a new child and then everyone may die, the CR will not become vested until well beyond
after 21 years
Void ab initio
SOT: O grants Pemberley to A for life. A has a life estate, O has a reversion
2.
T grants Pemberley to A for life, then to A’s first child to reach the age of 25. T is dead (it’s a
will) and A is also dead. A predeceased T. A has one child age 23 named B
SOT: A has a life estate that will never become possessory. So B has a contingent remainder? No!
Pemberley goes to T’s estate (who had a reversion in FSA according to the conveyance if A had
been alive). T’s state has a fee simple subject to an executory limitation and B has an springing
executory interest. EI must be tested
RAP: The executory interest is valid. The class is closed. Either B will make it to 25 or it will not.
3.
T grants Netherfield to “ my children for life, then to my grandchildren” . At her death T is
survived by one child A and one grandchild, B.
SOT: A has a life estate that would have had to be shared if additional children are born but T is
dead so A is the only child. B has a vested remainder subject to open in fee simple absolute.
RAP: B’s vested remainder subject to open must be tested. It is valid. We will know when A (a life in
being dies) who is in the class of grandchildren.
(T indicates this is a will. A conveyance via will happens when T dies)
4.
O conveys Longbourn to “Mrs. Bennet for life, then to Mr. Collins when Mrs. Bennet’s will
is probated”
SOT: Mrs. Bennet has a life estate. O has a reversion subject to executory limitation. Mr. Collins has
an executory interest in fee simple determinable. It is not a remainder because it will not become
possessory if at all after the end of the previous estate.
RAP: Mr Collins’ executory interest must be tested and is not valid under the RAP. The will’s
executor may take longer than 21 years after the death of everyone alive at the time of the
conveyance.
Ex. 2000: conveyance
2001 Mrs Bennet dies
2002: Mr. Collins and O die. If the executory interest was valid, Collin’s heirs or devisees will held it.
2030: Mrs. Bennet’s will is probated.
SOT after RAP: O conveys Longbourn to “Mrs. Bennet for life”. Mrs Bennet has a life estate and O
has a remainder in fee simple absolute.
5.
O to A for life, then to the first child of A’s children to graduate from law school, but if no
child has graduated from law school within 21 years of the death of B, then to C.
At the time of the conveyance A has one child B, who is 12.
SOT: A has a life estate. B has a contingent remainder in fee simple absolute, and C has a contingent
remainder in fee simple absolute, O has a reversion.
RAP: The contingent remainders need to be tested. The clause saves them. Even if there is an
afterborn child, the period is within the perpetuities period because that afterborn child must
graduate within 21years from the death of a life in being.
State the title
1.
O to A for life, then to B, however if B divorces, B’s estate ends
A has a life estate
B has a vested remainder subject to complete divestment in fee simple subject to condition subsequent
O has a right to entry in FSA
2.
O to A and her heirs, but if B reaches 25, then to O (B is 15)
A has a fee simple subject to condition subsequent
O has a right to entry in fee simple absolute
3.
O to A for life, then to B if B marries
B gets married and then divorces
A has a life estate
B had a contingent interest. It vested. A vested remainder does not go back to contingent
4.
O to A for life, then to B, but if B ever divorces, then to C. State the title. What would
happen if C dies? State the title again.
A has a life estate
B has a vested remainder subject to complete divestment (he may divorce before A dies so the remainder may
never become possessory) in fee simple subject to an executory limitation
C has a shifting executory interest in fee simple
If C dies, O has a right to entry and B has a remainder subject to divestment in fee simple subject to
condition subsequent.? No! the shifting executory interests passes to C’s estate.
5.
O to A, but if the land is ever used for a tavern, then to B. What happens if A dies?
State the title before and after.
A has a fee simple subject to an executory limitation B has a shifting executory interest in fee simple.
When A dies, A’s estate has a fee simple subject to an executory limitation and B has an executory interest.
(The EI violates RAP, but this is not part of the exercise)
6.
O to A for life, then to B for life, but if B ever divorces, then to C. What happens if A
dies and B is married?
A has a possessory estate in life estate
B has a vested remainder subject to divestment in life estate subject to an executory limitation
C has a shifting executory interest in fee simple absolute
O has a reversion in fee simple absolute (interpretation: if B dies married, it goes to O)
What happens if A dies and B is married? B has a possessory estate in life estate subject to an executory
limitation C and O are the same