Terminology & Definitions
What estate is described by the phrase “To A and her heirs”?
Fee Simple Absolute
What estate is created by “O to A for life”?
Life Estate
What future interest automatically follows a Fee Simple Subject to Condition Subsequent?
Right to Re-Entry
True or False: Vested remainders are subject to RAP.
False. Vested remainders are not subject to RAP.
Valid under RAP? “To A for life, then to B’s children who reach 30.” B is alive and has one 5-year-old child.
Invalid. It’s possible B could have another child after the grant who doesn’t reach 30 within 21 years after B’s death
What type of estate is created by the phrase “To A and the heirs of her body”?
Fee Tail
What kind of estate is created by “To A so long as the land is used for a school”?
Fee Simple Determinable
What is the future interest called when the taker is unborn or unascertainable, or a condition must occur first?
Contingent Remainder
How long do contingent interests have to vest or fail under RAP?
Within 21 years after the death of a life in being at the creation of the interest
Who is the measuring life in “To A for life, then to A’s children who survive her”?
A is the measuring life
What future interest is created when a grantor gives less than their full estate and retains the remainder?
Reversion
In “To A, but if A drinks, then to B,” what are A and B’s interests?
A has a Fee Simple Subject to a Condition Subsequent; B has an executory interest
In “O to A for life, then to B and her heirs if B survives A,” what future interest does B have?
Contingent Remainder (condition precedent: B surviving A)
What is a “measuring life” under RAP?
A person alive at the creation of the interest whose life is used to determine whether the interest will vest within the perpetuity period
“T’s will: to A for life, then to A’s children for life, then to A’s grandchildren alive at A’s death.” Are the interests valid?
Yes. A is a measuring life. The class of A’s children closes at A’s death, and A’s grandchildren alive at that time are ascertainable.
What are the three requirements for a remainder to be vested?
The beneficiary must be born, ascertainable, and there must be no condition precedent
Between Fee Simple Determinable and Fee Simple Subject to Condition Subsequent, which reverts automatically to the grantor?
Fee Simple Determinable
What’s the difference between a Right of Entry and a Possibility of Reverter?
A Possibility of Reverter occurs automatically; a Right of Entry requires the grantor to re-enter.
Why does the law impose the Rule Against Perpetuities?
To eliminate remote contingencies and promote marketability of property
“To B for life, then to B’s children if they graduate law school.” Valid or invalid under RAP?
Invalid. A child of B might graduate more than 21 years after B’s death
What is the name of the interest that cuts short a prior interest or creates a gap?
Executory Interest (or Executory Limitation)
What interests are created by: “O to A for 10 years, then to B”?
A has a term of years (leasehold); B has a vested remainder
What future interests are created in the following conveyance:
“O to A for life, then to B and her heirs if B survives A; otherwise to C and his heirs”?
B has a contingent remainder (condition precedent: surviving A);
C has an alternative contingent remainder;
O retains no reversion, because the entire future interest is accounted for in the alternative remainders
Why is “To A’s children and their heirs for so long as any are alive, then to A’s grandchildren” potentially problematic under RAP?
A’s grandchildren may not be ascertainable at A’s death, and their interest might vest too remotely (after perpetuity period)
T’s will devises: “To A for life, then to A’s first child to graduate college, and if no child of A graduates college, then to B.” A is alive and has no children at the time of T’s death.
Is the interest valid under the Rule Against Perpetuities?
Invalid under RAP.
The interest to A’s first child to graduate college is a contingent remainder. A could have a child after T’s death who doesn't graduate college until more than 21 years after A’s death.
Since it’s not certain that the condition (graduation) will occur within 21 years of a life in being at the creation of the interest (i.e., A), the interest violates RAP and is void.
B’s interest, being the alternative contingent remainder, also fails. Under the common-law RAP rule, if one of the alternative remainders is void, then the entire conditional structure is void — including B’s interest — because we cannot allow any possibility of remote vesting.