PROPERTY D SLIDES National Sloppy Joe Day

Friday March 18 Music: Albéniz, Iberia Alicia Delarrocha, Pianist 2009 Re-recording of Grammy Winner for 1974 for Best Classical Performance without Orchestra TEST INCLUDES … Some completely new problems, but mostly questions/answers from posted Bank or Tests, some altered a bit, all with new names. Some completely new problems, but mostly questions/answers from posted Bank or Tests, some altered a bit, all with new names. Names of all students from Badlands, Everglades & Olympic (I’m saving rest for Final Exam). Apologies to those of you I had to kill off. Names of all students from Badlands, Everglades & Olympic (I’m saving rest for Final Exam). Apologies to those of you I had to kill off. Office Hours Today, Tomorrow & Sunday (See Course Page for Times & Locations) I’ll Respond to Reasonable Qs Sent by 8 p.m. Sunday

Conditions: Additional Information Unacceptable Conditions Problem 4O Shapira Timing IssuesTiming Issues

Conditions & the Statute of Limitations If Condition is Self-Executing: Statute Runs from First Moment Condition is Violated, Which Creates Trespass Claim If Future Interest Holder Must Act to Take: If claiming condition was violated only by a single discrete act, presumably statute runs from the time of that act. If claiming condition was violated by a continuing series of acts (as in 4I), presumably statute continually restarts as long as acts go on (but risk of waiver if future interest holder aware of)

Conditions: Timing Ambiguity To Andrew for life, then to Brian, but if Caitlin graduates from law school, then to Caitlin. If Caitlin graduates from law school during Andrew’s life estate, does she divest Andrew’s interest or just Brian’s?

Conditions: Timing Ambiguity Possible Arguments To Andrew for life, then to Brian, but if Caitlin graduates from law school, then to Caitlin. Common Law Presumption: If ambiguous, interest won’t divest life estate. Today: Generally treated as question of Grantor’s Intent, so look at context. I won’t test this as a difference between Common Law & Today

Conditions: Timing Ambiguity Possible Arguments (1)To Andrew for life, then to Brian, but if Caitlin graduates from law school, to Caitlin. (2)To Andrew for life, then to Brian, but if Caitlin has graduated from law school, then to Caitlin. Differences in wording, especially verb tenses, suggest C takes immediately for (1); at end of Life Estate for (2).

Conditions: Timing Ambiguity Possible Arguments To Andrew for life, then to Brian, but if Caitlin graduates from law school, then to Caitlin. Andrew is 16; Caitlin is 46. Seems unlikely Caitlin will survive Andrew Suggests grantor intended Caitlin’s interest to cut off Andrew’s (or little point to the grant).

Conditions: Timing Ambiguity Change Grant: Possible Arguments (1)To Andrew for life, then to Brian, but if Caitlin Andrew graduates from law school, then to Caitlin. Seems purpose of grant is either: To discourage A from going to law school To provide support for A unless he becomes a lawyer and can support himself Either way, suggests C’s interest should cut off A’s Life Estate, because it’s not aimed at either B or C.

Conditions: Timing Ambiguity Change Grant: Possible Arguments (1)To Andrew for life, then to Brian, but if Andrew graduates from law school, then to Caitlin. (2)To Andrew for life, then to Brian, but if Brian graduates from law school, then to Caitlin. In (2), seems odd to punish Andrew for Brian’s life choices, so absent clear reason, likely treat C’s interest as just cutting off B’s remainder

Conditions: Timing Ambiguity Change Grant: Possible Arguments (1)To Andrew for life, then to Brian, but if Andrew graduates from law school, then to Caitlin. (2)To Andrew for life, then to Brian, but if Brian graduates from law school, then to Caitlin. In (2), seems odd to punish Andrew for Brian’s life choices, so absent clear reason, likely treat C’s interest as just cutting off B’s remainder Questions on Timing Ambiguities?

ALL: DQ4.15 Should a court enforce conditions that limit or mandate religious behavior for the grantee?

ALL: DQ4.12 Why should we allow grantors to have any control at all of what happens to land after they have died? Might say can choose who gets, but only can give fee simple absolute.Might say can choose who gets, but only can give fee simple absolute. Maybe allow life estates & vested remainders but no conditions on use.Maybe allow life estates & vested remainders but no conditions on use.

CHAPTER 4: The Shadow of the Past Source Of Chapter Title?

CHAPTER 4: The Shadow of the Past The Rule Against Perpetuities: One Rule to Rule Them All, One Rule to Find Them, One Rule to Bring Them All and in the Darkness Bind Them.

CHAPTER 4: The Shadow of the Past The Rule Against Perpetuities: Purposes Paradigm grant: In a will, Tom leaves his estate to “my friend Jerry and his heirs, but when the first of my grandchildren turns 21, to that grandchild.” Problems Conditional Grants Referring to People Identified by Status Rather than Name Conditional Business Grants with no People in Them (Options; Security Interests)

(4P) Renee conveys “to Stacy for life, then to my heirs, but should Stacy marry before she turns 35, to Marni.” AMBIGUITIES/QUESTIONS?

(4P) Renee conveys “to Stacy for life, then to my heirs, but should Stacy marry before she turns 35, to Marni.” AMBIGUITIES/QUESTIONS Today or “At Common Law”? R alive or dead? Condition void? M’s interest intended to cut off life estate? Details in Review Problem Write-Up on Course Page

(4P) Renee conveys “to Stacy for life, then to my heirs, but should Stacy marry before she turns 35, to Marni.” ONE (EASY) BRANCH OF DECISION TREE Condition Void  Pencil out M’s interest R Alive  As written, contingent remainder in R’s heirs (unascertainable) Plus Reversion in R RESULT: Stacy has Life Estate Contingent Remainder in R’s Heirs Renee has Reversion

(4P) Renee conveys “to Stacy for life, then to my heirs, but should Stacy marry before she turns 35, to Marni.” SECOND BRANCH OF DECISION TREE R Dead  Remainder is vested in R’s heirs as defined by intestacy statute. Today  Interest in Marni is in fee simple (not life estate). Condition valid; M’s interest intended to cut off life estate  Both of the other interests could be cut off by M. RESULT: Stacy has Life Estate Subject to Executory Limitation Renee’s [Ascertained] Heirs have Vested Remainder in FS Subj to Divestmt Marni has a Shifting Executory Interest in Fee Simple

Problem 4Q 1.Xaviera grants Brothelacre “to Betsy if it continues to be used as a house of prostitution, but if not, my heirs can take it.” 2.Xaviera died survived by no issue or spouse, but by her mother, Yvonne. She left a will giving all her property to her friend Phil. 3.Betsy replaced the existing brothel with an ad agency. NOT AMBIGUITIES Common Law v. Today (Ad Agency) Who is X’s “heir”? Y not P AMBIGUITIES/Qs

Problem 4Q 1.Xaviera grants Brothelacre “to Betsy if it continues to be used as a house of prostitution, but if not, my heirs can take it.” 2.Xaviera died survived by no issue or spouse, but by her mother, Yvonne. She left a will giving all her property to her friend Phil. 3.Betsy replaced the existing brothel with an ad agency. AMBIGUITIES/Qs Condition Valid? (Nevada v. Other States) Heirs take automatically v. must act? (Some language suggestive of both forms) Ad Agency Violate Condition FURTHER ANALYSIS & BRANCHES OF DECISION TREE IN WRITE-UP OF REVIEW PROBLEMS

AMBIGUITIES/Qs in GRANT ITSELF? (Problem 4R): R: “to C for his support and benefit so long as the property is not used for commercial purposes, then to my nephew J and his heirs if J reaches 35.” - C on land writes novels & does deals on phone. - C dies; J is not 35. NOT AMBIGUITY - Common Law v. Today (Deals on the Phone) - Cf. Medical or Law School, which date to medieval Europe AMBIGUITIES/Qs in GRANT ITSELF?

(4R) R: “to C for his support and benefit so long as the property is not used for commercial purposes, then to my nephew J and his heirs if J reaches 35.” C on land writes novels & does deals on phone. C dies; J is not 35 AMBIGUITIES/QUESTIONS IN GRANT? Life Estate or Fee? When Does J’s Interest Take Effect? AMBIGUITIES/QUESTIONS AFTERWARD?

(4R) R: “to C for his support and benefit so long as the property is not used for commercial purposes, then to my nephew J and his heirs if J reaches 35.” C on land writes novels & does deals on phone. C dies; J is not 35 AMBIGUITIES ARISING AFTER Condition Violated by Writing/Deal-Making? Destructibility Apply? Details in Review Problem Write-Up on Course Page

(4R) R: “to C for his support and benefit so long as the property is not used for commercial purposes, then to my nephew J and his heirs if J reaches 35.” C on land writes novels & does deals on phone. C dies; J is not 35 BRANCHES OF DECISION TREE Lots of Variations in Sample Qs