PROPERTY I & J
ADDITIONAL ESTATES & FUTURE INTERESTS QUESTIONS (The Rule in Shelley’s Case & The Doctrine of Worthier Title)
Answers already in the 2001-05 Exam Bank Answers
(18) Which of the following is true in all American jurisdictions today?
(a) Possibilities of reverter are only transferable by inheritance unless released to the holder of the underlying fee.
(b) The Doctrine of Worthier Title is applied as a rule of construction.
(c) It is unnecessary to use the language “and X’s heirs” to create a fee simple absolute.
(d) All of the above.
Questions 22-23 are based on the following information:
Jaime died leaving a valid will containing the following language: “I leave Redacre to my wife Kacy for life, then to our good friend Mary for her life if Mary turns 21, then to Kacy’s heirs. I leave the rest and residue of my property to Kacy and her heirs.”
(22) In a jurisdiction that does not apply the Rule in Shelley’s Case, which of the following would be true after the will was probated?
(a) Mary has a vested remainder in life estate.
(b) Kacy has a vested remainder in fee simple.
(c) Jaime has a reversion.
(d) Kacy has a reversion.
(23) Suppose Kacy dies, leaving a valid will granting “all my interest in Redacre to Suzette.” Kacy’s heirs under the relevant intestacy statute are her five grandchildren. At the time of Kacy’s death, Mary is 17 years old. In a jurisdiction that applies the Rule in Shelley’s Case, which of the following is true:
(a) Suzette has a fee simple absolute if the jurisdiction destroys contingent remainders.
(b) Kacy’s grandchildren share a fee simple absolute if the jurisdiction destroys contingent remainders.
(c) Mary retains a contingent remainder in life estate if the jurisdiction does not destroy contingent remainders.
(d) Kacy’s grandchildren share a vested remainder in fee simple if the jurisdiction does not destroy contingent remainders.
Questions 24-25 are based on the following grant:
Jane conveys Green-acre “to Stephanie for life, then to my heirs, but should Stephanie marry before she turns 40, to Erin.”
(24) If this conveyance was part of Jane’s valid will, what interest was created by the grant to “my heirs”?
(a) One of two alternative contingent remainders.
(b) Contingent remainder, but not alternative.
(c) Vested remainder subject to divestment.
(d) Vested remainder in Jane if the Doctrine of Worthier Title is applied.
(25) Assume that Jane made the conveyance while she was still alive. Erin then died, leaving all her property to her friend Kori in a valid will. Stephanie then got legally married at age 33. Which of the following considerations would not affect whether Kori could immediately take possession of Green-acre?
(a) Whether the jurisdiction applies the Doctrine of Worthier Title.
(b) Whether the jurisdiction views the condition as an impermissible restraint on marriage.
(c) Whether the jurisdiction views the interest originally granted to Erin as intended to cut off Stephanie’s interest as well as the interest in Jane’s heirs.
(d) Whether the problem took place “at common law” or today.
Question 32 is based on the following grant:
Alex grants Goldacre to Gail for life, then to Moe and his heirs, but if Gail fails to graduate from law school, then to Gail’s heirs.
(32) Which of the following interests is created by the grant?
(a) Life estate subject to an executory limitation in Gail.
(b) Vested Remainder in fee simple on executory limitation in Moe.
(c) Vested Remainder in Gail if the Rule in Shelley’s Case applies.
(d) None of the above.
Questions 33-34 are based on the following grant:
In 2001, Scott conveys Jax-Acre “to Marvin for life, then to Marvin’s heirs, but if Marvin fails to graduate from law school, then to Tanishia.”
(33) If the Rule in Shelley’s Case does not apply to the grant, which of the following interests would be created:
(a) Life estate on executory limitation in Marvin.
(b) Contingent remainder subject to divestment in Marvin’s heirs.
(c) Shifting executory interest in Tanishia.
(d) Reversion in Scott.
(34) If the Rule in Shelley’s Case applies to the grant, which of the following interests is created?
(a) Life estate plus contingent remainder in Marvin.
(b) Fee simple on executory limitation in Marvin.
(c) Contingent remainder in Tanishia.
(d) Reversion in Scott.
Questions 40-41 are based on the following grant:
In her valid will in 2001, Pattie grants Kid-acre: “To Chris for life, then to my children for their lives, then to Chris’s heirs.”
(40) Which of the following interests is created by the grant if the Rule in Shelley’s Case does not apply?
(a) Vested remainder in life estate subject to open in Pattie’s children if any are alive at the time of the grant.
(b) Contingent remainder in Pattie’s children if there are none alive at the time of the grant.
(c) Vested remainder in Chris’s heirs.
(d) None of the above.
(41) Which of the following interests is created by the grant if the Rule in Shelley’s Case does apply?
(a) Vested remainder in life estate subject to open in Pattie’s children if any are alive at the time of the grant.
(b) Fee simple absolute in Chris if none of Pattie’s children are alive.
(c) Life estate plus a contingent remainder in Chris.
(d) None of the above.
Question 42 is based on the following grant:
In 2002, Mick, while alive, grants Brownacre “to Greg for 35 years, remainder to my heirs.”
(42) In a jurisdiction that treats the Doctrine of Worthier Title as a rule of construction, which of the following arguments supports construing the grant as written (i.e., not treating the remainder in Mick’s heirs as a reversion in Mick)?
(a) Mick did not say he intended the Doctrine to apply.
(b) Mick did not expect to be alive at the end of the term of years.
(c) In 2002, Mick could not know who his heirs eventually would be.
(d) None of the above.