1999 PROPERTY EXAM ANSWER SHEET
PROPERTY 2002 SECOND MIDTERM EXAM GRADING
OUTLINE
QUESTION 1: T devises Blackacre “To A for life, then to B for life,
then to B’s children.” What if at the time of T’s death B has no children?
What if at the time of T’s death B has one child, C?
2 A has a life estate (“for life”) and B has a remainder (follows a LE, a finite
estate) in LE (“for life”).
2 B’s remainder is vested because he is ascertained and there is no stated
condition precedent; he has an interest for as long as he lives. B’s children have a
remainder (follows a LE, a finite estate) in FSA (no stated condition or limitation).
2 If B has no children, the remainder is contingent (none ascertained). T’s
heirs have a reversion in FSA (follows a contingent remainder in FSA) in FSA
(what T started with).
2 If B has a child, C, then C has the remainder and it is vested subject to open
because C is ascertained and ready to take but B may have more children.
2 Both contingent remainders and vested remainders subject to open are
subject to the RAP. A and B are lives in being and this will be resolved when the
last of them dies. CK&C: create a new child for B, kill everyone off and the child’s
interest immediately vests alone (B has no children) or along with C’s (C has been
born).
QUESTION #2: O conveys Greenacre “To A and her heirs so
long as A uses Greenacre as a wild life preserve, and if A fails to use
Greenacre as a wild life preserve then to B and his heirs so long as B
uses Greenacre as a wild life preserve.”
2 A has a fee simple (“and her heirs”) subject to an executory limitation
(condition subsequent that will cut the possessory fee simple short with the future
interest in one other than the grantor).
file:///C|/Documents%20and%20Settings/Joe/Desktop/past%20exams/PropF02Mid2.htm (1 of 3)7/6/2006 3:02:17 PM
