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)
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.
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
MAJORITY ARGUMENTS(FEE SIMPLE)
• Presumption that grant conveys whole estate
• No gift over
• Partial intestacy disfavored
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?
(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: Vested Remainder in Life Estate
(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: 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? 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
• 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)