Study Question 71

1
Study Question 7-1

• What does it mean to say that a vested remainder
  is subject to divestment?
• A vested remainder is subject to divestment if
  the divesting condition could happen before the
  remainder becomes possessory.

2
Study Question 7-2

• What does it mean to say that a remainder is
  subject to open?
• A remainder is subject to open if it is given
  to a class that could expand.

3
Study Question 7-3

• What does it mean to say that a remainder given
  to a class is closed?
• A remainder given to a class is closed if no
  additional members could be added to the class.

4
Study Question 7-4

• Is Bs remainder (1) contingent, (2) vested
  subject to divestment, or (3) vested and not
  subject to divestment (before becoming
  possessory)?
• O to A for life, then to B, but if B ever owns
  an insurance agency, then to O.
• Vested subject to divestment

5
Study Question 7-5

• Is Bs remainder (1) contingent, (2) vested
  subject to divestment, or (3) vested and not
  subject to divestment (before becoming
  possessory)?
• O to A for ten years, then to B for life if B
  has never owned a tavern, then to C. (B has not
  yet owned a tavern.)
• contingent

6
Study Question 7-6

• Is Bs remainder (1) contingent, (2) vested
  subject to divestment, or (3) vested and not
  subject to divestment (before becoming
  possessory)?
• O to A for 2 years, then to B, but if B ever
  uses the land for an insurance agency, then to
  C.
• Vested not subject to divestment

7
Study Question 7-7

• Is Bs remainder (1) contingent, (2) vested
  subject to divestment, or (3) vested and not
  subject to divestment (before becoming
  possessory)?
• O to A for life, then to B, but if the City ever
  annexes the land, then to C.
• Vested subject to divestment (assuming the
  condition is meant to limit As life estate too)

8
Study Question 7-8

• Is the underlined remainder subject to open or
  closed ?
• O to A for life, then to As children. (A has
  one child, B.)
• Subject to open

9
Study Question 7-9

• Is the underlined remainder subject to open or
  closed ?
• A conveyance in a decedents will T (testator)
  to A for life, then to Ts children. (T has one
  child, B.)
• Closed

10
Study Question 7-10

• Is the underlined remainder subject to open or
  closed ?
• O to A for ten years, then to the 2001 graduates
  of State University Law School. (The conveyance
  was made in 2002.)
• closed

11
Study Question 7-11

• Is the underlined remainder subject to open or
  closed ?
• O to A for life, then to Bs children. (B
  presently has three children.)
• Subject to open

12
Study Question 7-12

• What is the state of the title?
• O to A for life, then to B for life, then to C
  her heirs however, if C ever uses the land for a
  rental, then to O.
• A possessory estate in life estate
• B vested remainder in life estate
• C vested remainder in fee simple subject to a
  condition subsequent
• O right of entry in fee simple absolute

13
Study Question 7-13

• What is the state of the title?
• O to A for ten years, then to B her heirs, but
  if B divorces, then to C after As estate has
  ended and until C ceases to live on the property,
  then to D.
• A possessory estate in a term of years
• B vested remainder (subject to divestment) in
  fee simple subject to executory limitation
• C executory interest in fee simple determinable
• D executory interest in fee simple absolute

14
Study Question 7-14

• What is the state of the title?
• O to A for life, then to B her heirs while B
  is using the property for a law office, then to
  C however, if C does not marry by age 35, then
  Cs estate ends.
• A possessory estate in life estate
• B vested remainder in fee simple determinable
• C executory interest in fee simple subject to a
  condition subsequent
• O right of entry in fee simple absolute

15
Study Question 7-15

• What is the state of the title?
• O to A for life, then to B if B survives A, but
  if B does not survive A, then to C if C has
  survived A, but if neither B nor C have survived
  A, then to D.
• A possessory estate in life estate
• B contingent remainder in fee simple absolute
• C (alternative) contingent remainder in fee
  simple absolute
• D (alternative) contingent remainder in fee
  simple absolute

16
Study Question 7-16

• What is the state of the title?
• O to A for life, then to B for ten years, then
  to Cs children, but if none of Cs children are
  then living, to D. (C is alive has one child,
  X.)
• A possessory estate in life estate
• B vested remainder in a term of years
• X vested remainder (subject to divestment) in
  fee simple subject to executory limitation
  subject to open
• D executory interest in fee simple absolute

17
Study Question 7-17

• What is the state of the title?
• O to A for life, then to B if B has married, but
  if B has never married, then to C for two years,
  then to D her heirs. (At the time of the
  conveyance, B is married.)
• A possessory estate in life estate
• B vested remainder in fee simple absolute
• Cs interest has failed
• Ds interest has failed