1. 3-20-17 National Ravioli Day
PROPERTY A SLIDES
National Ravioli Day

2. Next Few DF Sessions: Today @ 9:40 Here = 2016 Chapter 3 Test (Lauren)
Tuesday March 21 Music to Accompany Shapira Barbra Streisand, The Way We Were (1974)
On Course Page Now:
Chapter 3 Question Bank
Eight Old Chapter 3 Tests
I’ll Post by 5:00 Today:
Answers/Explanations for All Except 2017 (FRI DF)
2019 Instructions & Syllabus
Adverse Possession Reading for Friday
Next Few DF Sessions:
9:40 Here = Chapter 3 Test (Lauren)
Fri 12:30 F309 = Chapter 3 Test (Brendan)
Mon 3/25: No DF (Test Day

3. SEQUOIA: Problem 3I cont’d
SEQUOIAS

4. Sequoia: (3I): O conveys "to J and her heirs so long as the premises are not used for sale of beer, wine, or liquor, and if beer, wine, or liquor is sold on the premises, O retains a right to re-enter the premises."
J’s restaurant serves several dishes cooked with wine or flamed with brandy and at Sunday brunch offers a free glass of champagne.
Restaurant is successful; 11 years later, D wants to buy it and add a bar.
ASSUME Unclear under relevant state law:
FSD or FSCS
Whether J has violated condition.
Possible Advice to D?
MONDAY: Volosin Approached as a Lawyering Q.
Might be Part of Task Here, But Asked to Give Advice in Face of Uncertainty

5. (3I) Plausible Advice to Donald Includes:
Buy both present estate and future interest (or “all rights” of both J and O) to merge into fee simple absolute.
Serve free liquor & raise prices (and argue waiver if O questions)
Make purchase contingent on J insuring right to use alcohol (winning suit re adverse possession/waiver/etc.; buying future interest/waiver from O)
Find out if D is willing and able to sell beer/wine on nearby site for people to take into restaurant (if local law allows).
QUESTIONS ON 3I?

6. (3I) Plausible Advice to Donald
Test Note #5:
Test Will Include At Least One Question Focused on Giving A Client This Type of Advice.
See, e.g., 2015-Q Q Q7
Advice Q Based on 3I Might Look Like:
Assume that J’s restaurant is successful. 11 years after its opening, your client D wants to buy it and add a bar. Which of the following suggestions would it be helpful for you to make to D?:
(3I) Plausible Advice to Donald

7. EXAM TIP: “Which of the Following Arguments Does [Not] Support …?”
Can Arise in Context of:
Fee Simple v. Life Estate (White, Prob. 3O)
FSD v. FSCS (Mahrenholz, Prob. 3I)
Whether a Condition is Valid (Prob. 3O, Shapira)
Advice Question (just described)
Timing Ambiguities (after Shapira)

8. EXAM TIP: “Which of the Following Arguments Does [Not] Support …?”
For an Argument to “Support” a Particular Legal Result (or for Advice to be “Helpful”):
It Must Be Legally and Factually Correct AND
It Must Logically Suggest that the Result is More Likely or More Desirable Than the Alternative

9. Set-Up for Friday
First Half Hour: Intro to Chapter 4 (Adverse Possession)
Organization of Assignments Unique to Address Two Concermns
Cause of Action Made Up of (Usually) Five Distinct Elements
Next Two Weeks are Very Heavy for You
Thus after intro session on Friday:
We will work one Element at time looking at all major cases for each
Each panel except Sequoia will be responsible for one key element (Both Intro DQs and Subsequent Review Problem) [BE RESPONSIBLE]
Everyone by next Wednesday needs to read primary cases for plot.

10. Set-Up for Friday First Half Hour: Intro to Chapter 4
Rest of Class: Complete Chapter 3
Finish Shapira & Timing Issues (as needed)
Review Problems: Everglades (3P/3R) & Olympic (3Q/3S) Be Prepared to:
Identify List of Contestable Issues (as I did for you on 3I & 3O)
Go Thru Flow Chart of Possible Iterations for 3P & 3Q (as we did for Mahrenholz & 3O)
I’ll Post Slides/Write-Ups for All

11. Questions & Concerns: Recap & Warm-Up
Fee Simple Determinable v. Fee Simple on Executory Limitation
Placement of Condition in Grant (Contingent Remainder v. Vested Remainder Subject to Divestment)
Timing of Condition (Vested Remainder Subject to Divestment v. Vested Remainder in Fee Simple on Executory Limitation)
An Old Multiple Choice Q

12. RECAP #1: Defeasible Fees: Terminology: Workbook v
RECAP #1: Defeasible Fees: Terminology: Workbook v. Restatement (Me & You)

13. RECAP #1: Defeasible Fees: Terminology: Workbook v
RECAP #1: Defeasible Fees: Terminology: Workbook v. Restatement (Me & You)

14. RECAP #2: Placement of Condition [Alternate] Contingent Remainders (1) v. Vested Remainder Subject to Divestment (2)
To A for life, [then to B & her heirs if she turns 21, ] [but if B dies before 21, then to C and his heirs].
(2) To A for life, [then to B & her heirs, ] [but if B dies before 21, then to C & his heirs].

15. RECAP #2: Placement of Condition CORRECTION TO WORKBOOK (Problem 5-28)
O to A for life, then to B, on condition that B has passed the bar.

16. CORRECTION TO WORKBOOK (Problem 5-28)
O to A for life, then to B,  on condition that B has passed the bar.
A has Life Estate
B has a Remainder (follows life estate)
At First Looks Vested
Living Ascertainable Person
No Condition in Clause Creating the Interest (Walk to the Punctuation & Turn Around …)
BUT …

17. CORRECTION TO WORKBOOK (Problem 5-28)
O to A for life, then to B,  on condition that B has passed the bar. 
A has Life Estate
B has a Remainder (follows life estate)
At First Looks Vested
BUT Condition that follows it does not create an interest in anybody else, so must attach to B’s remainder
Comma after B unneeded & confusing. 

18. CORRECTION TO WORKBOOK (Problem 5-28)
O to A for life, then to B, on condition that B has passed the bar.
A has Life Estate
B has a Contingent Remainder
Condition must be a “Condition Precedent”
See 5-29, which strongly suggests that interest in 5-28 is a contingent remainder.
QUESTIONS?

19. COMPARE
O to A for life, then to B[,] on condition that B has passed the bar.
A has Life Estate
B has a Contingent Remainder
O retains a Reversion
O to A for life, then to B, on condition that if B ever fails the bar, then to C.
B has a Vested Remainder Subject to Divestment
C has a Shifting Executory Interest

20. RECAP #3: Timing of Condition Vested Remainder Subject to Divestment (1) v. Vested Remainder in F.S. subj. to Exec. Lim. (2)
(1) To A for life, then to B & her heirs, but if B dies before turning 21, then to C & his heirs.
Condition might occur before B takes possession.
(2) To A for life, then to B & her heirs, but if B ever uses the land for commercial purposes, to C & his heirs.
Condition is a limit on B’s use of the land and cannot occur before B takes possession.

21. RECAP #3: Timing of Condition CORRECTION TO WORKBOOK (Problem 9-11)
O to A for life, then to B, but if B ever allows A to be moved into a nursing home, then to C
Condition must occur, if at all, while A is alive, thus before B gets possession.
Presumably (considering grantor’s likely intent), it would not violate the condition for B to allow someone to carry A’s corpse into a nursing home. (!)

22. CORRECTION TO WORKBOOK (Problem 9-11)
O to A for life, then to B, but if B ever allows A to be moved into a nursing home, then to C
Condition must occur, if at all, while A is alive, thus before B gets possession.
B will eventually get either nothing or a fee simple absolute (assuming “today”)
B has a vested remainder subject to divestment
(in Fee Simple Absolute)
NOT in Fee Simple on Executory Limitation

23. CORRECTION TO WORKBOOK (Problem 9-11)
O to A for life, then to B, but if B ever allows A to be moved into a nursing home, then to C
Condition must occur, if at all, while A is alive, thus before B gets possession.
B will eventually get either nothing or a fee simple absolute (assuming “today”)
B has a vested remainder subject to divestment [in FS Absolute]
QUESTIONS?

24. Take a moment and try this.
RECAP #4: Old Multiple Choice Q In 2006, Brian grants Mason-acre “to Dolly for life, then to Jessica so long as she never tries to sell Mason-acre, otherwise to Mike and Mili.”
At the time of the grant, Jessica has a
(a) Vested remainder in fee simple determinable.
(b) Vested remainder in fee simple absolute.
(c) Vested remainder in fee simple on executory limitation.
(d) Vested remainder subject to divestment.
Take a moment and try this.

25. Why is (b) the correct answer?
In 2006, Brian grants Mason-acre “to Dolly for life, then to Jessica so long as she never tries to sell Mason-acre, otherwise to Mike and Mili.”
At the time of the grant, Jessica has a
(a) Vested remainder in fee simple determinable.
(b) Vested remainder in fee simple absolute.
(c) Vested remainder in fee simple on executory limitation.
(d) Vested remainder subject to divestment.
Why is (b) the correct answer?

26. Unacceptable Conditions
Conditions So Abhorrent …

27. Unacceptable Conditions
Conditions So Abhorrent …
You Can’t Even Impose Them
on Your Own Children

28. Unacceptable Conditions
Total Restraint on Alienation

29. Unacceptable Conditions
In 2006, Brian grants Mason-acre “to Dolly for life, then to Jessica so long as she never tries to sell Mason-acre, otherwise to Mike and Mili.”
Total Restraint on Alienation is Invalid

30. Unacceptable Conditions
In 2006, Brian grants Mason-acre “to Dolly for life, then to Jessica so long as she never tries to sell Mason-acre, otherwise to Mike and Mili.”
Total Restraint on Alienation is Invalid
Pencil Out Unlawful Condition (and executory interest that turns on it)

31. Unacceptable Conditions
In 2006, Brian grants Mason-acre “to Dolly for life, then to Jessica so long as she never tries to sell Mason-acre, otherwise to Mike and Mili.”
Total Restraint on Alienation is Invalid
Pencil Out Unlawful Condition (and executory interest that turns on it)
Result is Vested Remainder in Fee Simple Absolute (2006 = “Today”)

32. Unacceptable Conditions
In 2006, Brian grants Mason-acre “to Dolly for life, then to Jessica so long as she never tries to sell Mason-acre, otherwise to Mike and Mili.”
Exam Question Fall 2007 & Spring 2010
1st Time Nasty b/c New & at End of Test: (1/63 students got it)
2d Time (with warning) about 45% got it.
READ CAREFULLY!!

33. Conditions: Additional Information
Unacceptable Conditions
Problem 3O
Shapira
Timing Issues

34. Unacceptable Conditions
Total Restraint on Alienation
Partial Restraint OK if Reasonable

35. Unacceptable Conditions
Total Restraint on Alienation
Partial Restraint OK if Reasonable
Most Restrictions Restrain Alienation to Some Extent
If too burdensome/weird could treat as too much restraint (b/c nobody will purchase)
See Casebook at P565-66
Maybe: “so long as the owner sleeps on the parcel every night.”

36. Unacceptable Conditions
Total Restraint on Alienation
Partial Restraint OK if Reasonable
Most Restrictions Restrain Alienation to Some Extent
Use Restrictions (Use Only by X?)
OK if Charitable
Some jurisd: Non-Charitable = Unreasonable Restraint on Alienation

37. Unacceptable Conditions
Total Restraint on Alienation
Doing Criminal Acts
“To Kenya if she murders Jorge”

38. Unacceptable Conditions
Total Restraint on Alienation
Doing Criminal Acts
Total Restraint on Marriage: Generally Barred
Some Jurisd: Maybe OK if Life Estate
Some Jurisd allow reasonable partial restraints
E.g., “So long as she doesn’t marry until she turns 25”
We’ll explore with Problem 3O & Shapira

39. Unacceptable Conditions
Total Restraint on Alienation
Doing Criminal Acts
Total Restraint on Marriage: Generally Barred
Encouraging Divorce (Evil In-Laws Grant):
“To Sansa so long as she divorces Tyrion”

40. Unacceptable Conditions
Total Restraint on Alienation
Doing Criminal Acts
Total Restraint on Marriage: Generally Barred
Encouraging Divorce (Evil In-Laws Grant):
Grant Penalizing Divorce Seems to be OK
“To Sansa for Life, but if she divorces Tyrion, to Jon”

41. Unacceptable Conditions
Total Restraint on Alienation
Doing Criminal Acts
Total Restraint on Marriage: Generally Barred
Encouraging Divorce
Commonly Protected Characteristics
Race-Based Limitations (Clearly Unenforceable)
Sex-Based Upheld (At Least w/in Family)
Religion: (We’ll Discuss w Shapira)

42. Unacceptable Conditions
Total Restraint on Alienation
Doing Criminal Acts
Total Restraint on Marriage: Generally Barred
Encouraging Divorce
Commonly Protected Characteristics
Questions?

43. Conditions: Additional Information
Unacceptable Conditions
Problem 3O
Shapira
Timing Issues

44. BADLANDS: Problem 3O
NORBECK PASS

45. Gloria is not Edith’s child. Edith moves in with male friend, Sherman.
BADLANDS (3O): Archie in will: “To my wife Edith, for her use & benefit, so long as she remains unmarried.” Residue to daughter Gloria.
Gloria is not Edith’s child.
Edith moves in with male friend, Sherman.
Edith then dies, devising all her property to Sherman.
“devising” means?

46. Note on Future Interests Created in Wills
Badlands (3O): Archie in will: “To my wife Edith, for her use & benefit, so long as she remains unmarried.” Residue to daughter Gloria.
Note on Future Interests Created in Wills
The future interest that is retained by Archie (when he grants present interest to Edith) then passes to Gloria through the residuary clause.
For purposes of naming the property rights involved, we treat this future interest as being held initially by Archie (the grantor), because it is not explicitly described as being granted to a third party.

47. Three Qs/Ambiguities I Said We’d Discuss:
Badlands (3O): Archie in will: “To my wife Edith, for her use & benefit, so long as she remains unmarried.” Residue to daughter Gloria.
Three Qs/Ambiguities I Said We’d Discuss:
Life Estate Determinable v. Fee Simple Determinable?
Is condition restraining second marriage void?
Does cohabitation violate a restraint on marriage?
Then We’ll Work Through Decision Tree

48. (Q1) Arguments Supporting Fee Simple Determinable
Badlands (3O): Archie in will: “To my wife Edith, for her use & benefit, so long as she remains unmarried.” Residue to daughter Gloria.
(Q1) Arguments Supporting
Fee Simple Determinable
(as opposed to Life Estate Determinable?)

49. Arguments Supporting FSD Include:
Badlands (3O): Archie in will: “To my wife Edith, for her use & benefit, so long as she remains unmarried.” Residue to daughter Gloria.
Arguments Supporting FSD Include:
Presumption of Fee Simple if Today
No Explicit Reference to “Life”
No Explicit Gift Over Listed (See White v. Brown)
Arguments Supporting Life Estate Determinable?

50. (Q1) Arguments Supporting Life Estate Determinable Include:
Badlands (3O): Archie in will: “To my wife Edith, for her use & benefit, so long as she remains unmarried.” Residue to daughter Gloria.
(Q1) Arguments Supporting Life Estate Determinable Include:
Presumption of Life Estate if at Common Law
“Use and Benefit” Sounds Like Life Estate (Hard to “Use” Land After Death)
Condition/Language is Consistent with Intent to Provide Shelter/Support for Edith During Her Lifetime
Reasonable to Think Archie would try to Protect Gloria (not Edith’s daughter)

51. Caselaw in many states today interpreting “for use and benefit:”
Badlands (3O): Archie in will: “To my wife Edith, for her use & benefit, so long as she remains unmarried.” Residue to daughter Gloria.
Caselaw in many states today interpreting “for use and benefit:”
Majority View: creates Fee Simple
Minority View: creates Life Estate

52. Majority View: E has Fee Simple Determinable
Badlands (3O): Archie in will: “To my wife Edith, for her use & benefit, so long as she remains unmarried.” Residue to daughter Gloria.
Majority View:
E has Fee Simple Determinable
What is Remaining Future Interest in Archie (passed to Gloria through residuary clause)?

53. Majority View: E has Fee Simple Determinable
Badlands (3O): Archie in will: “To my wife Edith, for her use & benefit, so long as she remains unmarried.” Residue to daughter Gloria.
Majority View:
E has Fee Simple Determinable
A  G: Possibility of Reverter

54. Minority View: E has Life Estate Determinable
Badlands (3O): Archie in will: “To my wife Edith, for her use & benefit, so long as she remains unmarried.” Residue to daughter Gloria.
Minority View:
E has Life Estate Determinable
What is Remaining Future Interest in Archie (passed to Gloria through residuary clause)?

55. Minority View: E has Life Estate Determinable
Badlands (3O): Archie in will: “To my wife Edith, for her use & benefit, so long as she remains unmarried.” Residue to daughter Gloria.
Minority View:
E has Life Estate Determinable
A G: Possibility of Reverter + Reversion
Merges into Reversion

56. (Allowed for life estates in a few states.)
Badlands (3O): Archie in will: “To my wife Edith, for her use & benefit, so long as she remains unmarried.” Residue to daughter Gloria.
(Q2) If Edith had never married, condition probably would be void as against public policy.
(Allowed for life estates in a few states.)
Should we treat condition restraining second marriage differently from one restraining first marriage?

57. Badlands (3O): Archie in will: “To my wife Edith, for her use & benefit, so long as she remains unmarried.” Residue to daughter Gloria.
(Q2) Is condition restraining second marriage void as against public policy?
Policy Concerns:
A’s right to control his property (and nice 2017 point re protecting Gloria) v. E’s right to control her own life
Stereotypes about love and sexuality in older persons,
Court probably more likely to allow condition if it views E’s interest as just a life estate for support.

58. If not void, nothing changes If void, pencil out condition
Badlands (3O): Archie in will: “To my wife Edith, for her use & benefit, so long as she remains unmarried.” Residue to daughter Gloria.
(Q2) Is condition restraining second marriage void as against public policy? Result:
If not void, nothing changes
If void, pencil out condition

59. If condition void, pencil out condition:
Badlands (3O): Archie in will: “To my wife Edith, for her use & benefit, so long as she remains unmarried.” Residue to daughter Gloria.
If condition void, pencil out condition:
“To my wife Edith, for her use & benefit,
so long as she remains unmarried.”

60. If Void, What Happens when E dies?
Badlands (3O): Archie in will: “To my wife Edith, for her use & benefit, so long as she remains unmarried.” Residue to daughter Gloria.
If condition void, pencil out condition:
“To my wife Edith, for her use & benefit,
so long as she remains unmarried.”
Resulting Interests:
Majority: E = Fee Simple Absolute
Some: E = Life Estate + G = Reversion
If Void, What Happens when E dies?

61. If condition void, resulting interests:
Badlands (3O): Archie in will: “To my wife E, for her use & benefit, so long as she remains unmarried.” Residue to G. E then dies leaving all property to S.
If condition void, resulting interests:
Majority: E = Fee Simple Absolute
When E Dies, S gets FSA through E’s will.
Some: E = Life Estate + G = Reversion
When E dies, Life Estate ends, and G has FSA.

62. (Q3) Does cohabitation violate a restraint on marriage?
(4O): Acadia: “To my wife E, for her use & benefit, so long as she remains unmarried.” Residue to Gloria. E shacks up with Sherman. E dies; devises everything to S
(Q3) Does cohabitation violate a restraint on marriage?
Only need to resolve if condition is valid.
ARGUMENTS?

63. Does cohabitation violate a restraint on marriage?
(4O): Acadia: “To my wife E, for her use & benefit, so long as she remains unmarried.” Residue to Gloria. E shacks up with Sherman. E dies; devises everything to S
Does cohabitation violate a restraint on marriage?
Only need to resolve if condition is valid.
Discussion: Literal Argument v. Inconsistency w Grantor’s Purpose (both re Edith & re Gloria) (cf. Mahrenholz)
Restatement Position:
Not a Violation
For Restatement to Address, Must Have Come Up Pretty Often
Other Reasons Not to Marry from Pensions & Social Security

64. (Q3) Does cohabitation violate a restraint on marriage?
(4O): Acadia: “To my wife E, for her use & benefit, so long as she remains unmarried.” Residue to Gloria. E shacks up with Sherman. E dies; devises everything to S
(Q3) Does cohabitation violate a restraint on marriage?
Only need to resolve if condition is valid.
Since arguments both ways, need to follow through for both possibilities for both possible readings of grant

65. If Condition is Violated? If Condition is Not Violated?
(4O): Acadia: A in Will: “To my wife E, for her use & benefit, so long as she remains unmarried.” Residue to G. E shacks up with Sherman. E dies; devises everything to S Minority: E = LED G = Reversion (incl. Poss. of Reverter).
If Condition is Violated?
If Condition is Not Violated?

66. If Condition is Violated? If Condition is Not Violated?
(4O): Acadia: A in Will: “To my wife E, for her use & benefit, so long as she remains unmarried.” Residue to G. E shacks up with Sherman. E dies; devises everything to S Minority: E = LED G = Reversion (incl. Poss. of Reverter).
If Condition is Violated?
E immediately loses title
G’s Poss of Reverter  FSA
E Dies?
If Condition is Not Violated?
Parties’ Interests Don’t Change
E Dies?

67. If Condition is Violated? If Condition is Not Violated?
(4O): Acadia: A in Will: “To my wife E, for her use & benefit, so long as she remains unmarried.” Residue to G. E shacks up with Sherman. E dies; devises everything to S Minority: E = LED G = Reversion (incl. Poss. of Reverter).
If Condition is Violated?
E immediately loses title
G’s Poss of Reverter  FSA
E Dies?
E has no interest to pass on
G = FSA
If Condition is Not Violated?
Parties’ Interests Don’t Change
E Dies?
E’s Life Estate ends
G’s Reversion  FSA
G = FSA

68. If Condition is Violated? If Condition is Not Violated?
(4O): Acadia: A in Will: “To my wife E, for her use & benefit, so long as she remains unmarried.” Residue to G. E shacks up with Sherman. E dies; devises everything to S Majority: E = FSD G = Poss. of Reverter
If Condition is Violated?
E immediately loses title
G’s Poss of Reverter  FSA
If Condition is Not Violated?
Parties’ Interests Don’t Change

69. If Condition is Violated? If Condition is Not Violated?
(4O): Acadia: A in Will: “To my wife E, for her use & benefit, so long as she remains unmarried.” Residue to Gloria. E shacks up with Sherman. E dies; devises everything to S Majority: E = FSD G = Poss. of Reverter
If Condition is Violated?
E immediately loses title
G’s Poss of Reverter  FSA
E Dies?
E has no interest to pass on
G = FSA
If Condition is Not Violated?
Parties’ Interests Don’t Change
E Dies: What Happens?

70. Final Branch of Decision Tree: Edith Dies
(4O): Archie in will: “To my wife E, for her use & benefit, so long as she remains unmarried.” Residue to A’s daughter G (not E’s daughter). E shacks up with Sherman. E dies; devises everything to S
Final Branch of Decision Tree: Edith Dies
Majority: Condition Valid + No Violation
Edith has FSD; Gloria has Possibility of Reverter
What happens to Condition When Edith Dies?

71. Final Branch of Decision Tree: Edith Dies
(4O): Archie in will: “To my wife E, for her use & benefit, so long as she remains unmarried.” Residue to A’s daughter G (not E’s daughter). E shacks up with Sherman. E dies; devises everything to S
Final Branch of Decision Tree: Edith Dies
Majority: Condition Valid + No Violation
Edith has FSD; Gloria has Possibility of Reverter
What happens to Condition When Edith Dies?
Edith Can’t Remarry After Death (As Far as We Know )
Thus Condition Can Never Occur
So Condition Effectively Disappears
Sherman has Fee Simple Absolute; Gloria’s Interest Fails

72. COMPARE “To E & her heirs so long as she remains unmarried.”
Condition limited to E, so ends at E’s death.
Successors after that take Fee Simple Absolute
“To E & her heirs so long as alcohol is never sold on the premises.”
Condition not limited to E, so it survives her.
Successors take Fee Simple Determinable.

73. Conditions: Additional Information
Unacceptable Conditions
Problem 3O
Shapira
Timing Issues

74. ACADIA: DQ
Acadia Sunrise

75. Acadia: DQ3.13  SHAPIRA: DISTINCTIONS 
We’ll Explore Shapira Reasoning by Looking at Five Key Distinctions Drawn by the Opinion (Listed on Course Page)

76. Acadia: DQ3.13  SHAPIRA: DISTINCTION #1 
Gift conditioned upon religious faith of beneficiary  v.
Gift conditioned upon marriage to person of particular faith 
Why Relevant?

77. Acadia: DQ3.13  SHAPIRA: DISTINCTION #1 
Gift conditioned upon religious faith of beneficiary  v.
Gift conditioned upon marriage to person of particular faith 
Coercing Belief  v. Conduct 
Administrability

78. Acadia: DQ3.13  SHAPIRA: DISTINCTION #1 
Gift conditioned upon religious faith of beneficiary  v.
Gift conditioned upon marriage to person of particular faith 
Coercing Belief  v. Conduct 
Note View of Marriage in 1974
Can Use Case to Support Conditions Requiring Conduct Affecting Religious Concerns but not Coercing Belief
Administrability

79. Acadia: DQ3.13  SHAPIRA: DISTINCTION #1 
Gift conditioned upon religious faith of beneficiary  v.
Gift conditioned upon marriage to person of particular faith 
Administrability: Compare:
To Pigpen, so long as the kitchens and bathrooms are always kept very clean.
To Schroeder, so long as he never plays any work by Beethoven on the piano.

80. Acadia: DQ3.13  SHAPIRA: DISTINCTION #1 
Gift conditioned upon religious faith of beneficiary  v.
Gift conditioned upon marriage to person of particular faith 
Administrability: Compare:
 To Lucy so long as she remains a member of the Society of Friends.
 To Linus, so long as he remains a good Catholic.
QUESTIONS?

81. Acadia: DQ3.13  SHAPIRA: DISTINCTION #2 
Gift conditioned upon divorce  v.
Gift conditioned upon marriage to person of particular faith (maybe )
Why Relevant?

82. Acadia: DQ3.13  SHAPIRA: DISTINCTION #2 
Gift conditioned upon divorce  v.
Gift conditioned upon marriage to person of particular faith (maybe )
Court: Latter not sufficient to encourage fake marriage & divorce.
Grantee can’t avoid condition by saying “I will act in bad faith” (this concern arises regarding many legal issues).