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Model Answers to Review Problems on Estates and Future Interests

Property Prof. Sturley


1. to Amanda and her heirs, then to Bill and his heirs
a. Amanda has a fee simple absolute
b. Bill has nothing
c. O has nothing
2. to Amanda and the heirs of her body, then to Bill and his heirs
a. Amanda has a fee tail
b. Bill has a vested remainder in fee simple absolute
c. O has nothing
3. to Amanda for life, then to Bill and his heirs
a. Amanda has a life estate
b. Bill has a vested remainder in fee simple absolute
c. O has nothing
4. to Amanda and her heirs for so long as the land is used for farming, then to Bill and his
heirs
a. Amanda has a fee simple on executory limitation (because we are ignoring the Rule
Against Perpetuities in these problems)
b. Bill has a shifting executory interest in fee simple absolute (ignoring RAP)
c. O has nothing (ignoring RAP)
5. to Amanda and her heirs on condition that the land be used for farming, and if the land is
ever not used for farming, then to Bill and his heirs
a. Amanda has a fee simple on executory limitation (ignoring RAP)
b. Bill has a shifting executory interest in fee simple absolute (ignoring RAP)
c. O has nothing
6. to Amanda for life, then one day after Amanda dies to Bill and his heirs
a. Amanda has a life estate
b. Bill has a [springing] executory interest in fee simple absolute
c. O has a reversion (possessory for one day after Amandas death)
7. to Amanda for life; but if Bill marries my daughter Caroline, then immediately to Bill and
his heirs
a. Amanda has a life estate subject to executory limitation
b. Bill has a [shifting or springing] executory interest in fee simple absolute
c. O has a reversion (following the life estate if wedding hasnt happened yet)

Model Answers to Review Problems on Estates and Future Interests

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8. to Amanda for life, then to Bill and the heirs of his body
a. Amanda has a life estate
b. Bill has a vested remainder in fee tail
c. O has a reversion (following the fee tail)
9. to Amanda for life, then to Bill
a. Amanda has a life estate
b. Bill has a vested remainder in life estate (no words of inheritance, and we are
following the common-law rules of c. 1776 in these problems)
c. O has a reversion (following Bills life estate)
10. to Amanda for life, then to Bill and his heirs for so long as the land is used for farming
a. Amanda has a life estate
b. Bill has vested remainder in fee simple determinable
c. O has a possibility of reverter
11. to Amanda for life; then to Bill and his heirs on condition that the land be used for farming,
and if the land is ever not used for farming, grantor may reenter and reclaim the land from
Bill
a. Amanda has a life estate
b. Bill has vested remainder in fee simple subject to condition subsequent
c. O has a right of entry
12. to Amanda for life, then to Bill and his heirs if Bill has married my daughter Caroline
a. Amanda has a life estate
b. Bill has a contingent remainder in fee simple absolute
c. O has a reversion
13. to Amanda for life, then to Bills children and their heirs
a. Amanda has a life estate
b. Bills childrens interest will depend on the facts:
i. If Bill is living, each of his children has a vested remainder subject to open
(from birth); his potential future children have a contingent remainder
ii. On Bills death, his children (if any) have a vested remainder in fee simple
absolute
c. If Bill has had children, O has nothing; until Bill has children, O has a reversion
14. to Amanda for life, then to Bill and his heirs; but if Amanda has consumed alcoholic
beverages on the land, it shall revert to the grantor on Amandas death
a. Amanda has a life estate
b. Bill has a vested remainder, subject to total divestment, in fee simple absolute
c. O has a reversion

Model Answers to Review Problems on Estates and Future Interests

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15. to Amanda for life, then to Bill and his heirs if Bill survives Amanda (classic survival
condition)
a. Amanda has a life estate
b. Bill has a contingent remainder in fee simple absolute
c. O has a reversion
16. to Amanda for life, then to Bill and his heirs; but if Bill dies before Amanda, the land shall
revert to the grantor on Amandas death
a. Amanda has a life estate
b. Bill has a vested remainder, subject to total divestment, in fee simple absolute
c. O has a reversion
17. to Amanda for life, then to Bill and his heirs; but if Bill consumes alcoholic beverages on
the land, grantor may reenter and reclaim the land from Bill
a. Amanda has a life estate
b. Bill has a vested remainder in fee simple subject to condition subsequent
c. O has a right of entry
18. to Amanda for life, then to Bill and his heirs; but if Amanda or Bill consumes alcoholic
beverages on the land, grantor may reenter and reclaim the land immediately and Bill will
have no further rights to the land
a. Amanda has a life estate subject to condition subsequent (because O can cut short her
interest)
b. Bill has a vested remainder, subject to total divestment, in fee simple subject to
condition subsequent (because O can cut short his interest)
c. O has a right of entry (which can cut short either Amandas or Bills interest)
19. to Amanda for life, then to Bill and his heirs if Bill survives until age 30
a. Amanda has a life estate
b. If Bill is under 30, he has a contingent remainder in fee simple absolute;
if he is 30 or older, she has a vested remainder in fee simple absolute
c. If Bill is under 30, O has a reversion; if Bill is 30 or older, O has nothing
20. to Amanda for life, then to Bill and his heirs; but if Bill dies before age 30, he will have no
further rights to the land and it shall revert to the grantor
a. Amanda has a life estate
b. If Bill is under 30, he has a vested remainder, subject to total divestment, in fee
simple subject to condition subsequent;
if he is 30 or older, he has a vested remainder in fee simple absolute
c. If Bill is under 30, O has a reversion (which may become possessory on Amandas
death if Bill dies under 30 during Amandas lifetime) and a right of entry (that may
cut short Bills possessory interest if he dies under 30 after Amandas death);
if Bill is 30 or older, O has nothing

Model Answers to Review Problems on Estates and Future Interests

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21. to Amanda for life, then to Bill and his heirs, but if Bill ever sells alcoholic beverages on the
land, grantor may reenter and reclaim the land
a. Amanda has a life estate
b. Bill has a vested remainder in fee simple subject to condition subsequent
c. O has a right of entry
22. to Amanda for life, then to Bill and his heirs, but if Amanda ever sells alcoholic beverages
on the land, grantor may reenter and reclaim the land
a. Amanda has a life estate subject to condition subsequent
b. Bill has a vested remainder, subject to total divestment, in fee simple absolute
c. O has a right of entry (against Amanda)
23. to Amanda for life, then to Bill and his heirs, but if Amanda or Bill ever sells alcoholic
beverages on the land, grantor may reenter and reclaim the land
a. Amanda has a life estate subject to condition subsequent
b. Bill has a vested remainder, subject to total divestment, in fee simple subject to
condition subsequent
c. O has a right of entry (which can cut short either Amandas or Bills interest)
24. to Amanda for life, then if Amanda has not sold alcoholic beverages on the land to Bill and
his heirs
a. Amanda has a life estate
b. Bill has a contingent remainder in fee simple absolute
c. O has a reversion
25. to Amanda for life, then to Bill and his heirs if Amanda has not sold alcoholic beverages on
the land
a. Amanda has a life estate
b. Bill has a contingent remainder in fee simple absolute
c. O has a reversion
26. to Amanda for life, then to Bill and his heirs if Amanda has not sold alcoholic beverages on
the land; but if Amanda ever sells alcoholic beverages on the land, grantor may reenter and
reclaim the land
a. Amanda has a life estate subject to condition subsequent (because if she sells alcohol,
she could lose her interest)
b. Bill has a contingent remainder in fee simple absolute
c. O has a right of entry (which could cut short Amandas life estate) and a reversion
(which could become possessory on Amandas death if Amanda sells alcoholic
beverages but O does not declare a forfeiture)

Model Answers to Review Problems on Estates and Future Interests

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27. to Amanda for life, then to Amandas children and their heirs, but if at Amandas death she
is not survived by any children, then to Bill and his heirs
a. Amanda has a life estate
b. Amandas childrens interest will depend on the facts:
i. If Amanda has children, each has a vested remainder subject to open (from
birth) and subject to total divestment (in the event none of Amandas children
survive her); her potential future children have a contingent remainder (which
is not subject to divestment because it is not vested)
ii. If Amanda has no children, her potential future children have a contingent
remainder
c. If Amanda has children, Bill has an executory interest in fee simple. If Amanda has
no children, Bill has a contingent remainder in fee simple.
d. If Amanda has no children, O has a reversion.

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