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Estates and Future Interest Problems and Answers

This document contains 24 practice problems related to estates and future interests in property. For each problem, it describes the interests held by various parties in the property (such as life estates, remainders, reversions, possibilities of reverter, rights of entry/re-entry). The answers provided analyze the language of each grant and conveyance to determine the appropriate property interests created.

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100% found this document useful (3 votes)
1K views

Estates and Future Interest Problems and Answers

This document contains 24 practice problems related to estates and future interests in property. For each problem, it describes the interests held by various parties in the property (such as life estates, remainders, reversions, possibilities of reverter, rights of entry/re-entry). The answers provided analyze the language of each grant and conveyance to determine the appropriate property interests created.

Uploaded by

Mark
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Estates and Future Interests Practice Problems

1. O grants Blackacre “to A for life, then to B and his heirs.” Describe the various
interests in Blackacre.

2. O grants Blackacre “to A for life, then to B and his heirs, but if B ever remarries, then
to C and her heirs.” Describe the various interests in Blackacre.

3. O conveys Blackacre “to Margaret for life, then to Jill and her heirs, but if Laura passes
the Ohio Bar, then to Laura and her heirs.” Describe the various interests in Blackacre.

4. Same problem as 3, but now Margaret has died.

5. O grants Blackacre “to A, but if marijuana is inhaled on the premises, then O shall have
the right to re-enter and take the premises.” Describe the various interests in Blackacre.

6. O grants Whiteacre “to A for life, then to A’s children who survive A and their heirs,
but if A dies without being survived by children, then to B’s children and their heirs.”
A and B are alive, and B has one child, C. Describe the various interests in Whiteacre.

7. Same problem as 6, but now A has a child, D.

8. Same problem as 7, but now A dies.

9. O gives Greenacre “to the Berkey City School Board until Greenacre is no longer used
for school purposes.” Describe the interests.

10. O conveys Blackacre “to A for 20 years, then to B’s children who reach the age of 21.”
B’s only child, D, is 17. Describe the interests.

11. Same problem as 10, but now we are five years later and D is still alive.

12. O conveys Whiteacre “to A for life, then to B and her heirs for so long as the property
is not used for commercial purposes.” Describe the interests.

13. O conveys Greenacre “to A for life so long as A is a member of the First Baptist Church,
then at A’s death to B.” Describe the interests.

14. O conveys Blackacre “to A for life, then to B and her heirs, but if A is survived at his
death by any children, then to such surviving children and their heirs.” At the time of
conveyance, A is alive and has two children, C and D. Describe the interests.

15. O conveys Whiteacre “to A for life, then to A’s children and their heirs who reach the
age of 21, but if any of A’s children are arrested for drug possession prior to the age of
21, then Whiteacre shall go to B and her heirs.” A’s only child C, is 17 and is a fine,
upstanding young man. Describe the interests.
16. Same facts as 15, but now C is 22.

17. Same facts as 15, but now C is 25 and A dies.

18. O conveys Greenacre “to A for life, then to the Berkey City School Board, but if
Whiteacre is not used for school purposes, then I or my successors may take Whiteacre
back.” Describe the interests.

19. O conveys Greenacre “to A for life, then to the Berkey City School Board so long as
the property is used for school purposes, then to Mercy Hospital.” Describe the
interests.

20. O conveys Blackacre “to A for life, then to A’s children and their heirs, but if A dies
without surviving issue, then to B and her heirs.” A has two children, C and D.
Describe the interests.

21. O conveys Blackacre “to A for life, then to A’s surviving children and their heirs, but
if A dies without surviving issue, then to B and her heirs.

22. O conveys Blackacre “to my husband A for life, then to my daughter B for life, then to
B’s issue and their heirs.” B has no children. Describe the interests.

23. Same facts as 22, but B has a son, C.

24. Same facts as 22, but A, B and C have died. C died intestate with no surviving heirs.
Who owns Blackacre?

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Answers to Estates and Future Interests Practice Problems
1. A, LE; B, VR in fee simple.

2. A, LE; B, VRSCD in fee simple; C, ShEI in fee simple.

3. Margaret has a life estate; Jill has a vested remainder in fee simple subject to complete
divestment; Laura has a shifting executory interest in fee simple.

4. Jill has a fee simple subject to an executory interest; Laura has a shifting executory
interest in fee simple.

5. A, FSCS; O, right of re-entry.

6. A has a life estate. A’s children have a contingent remainder in fee simple. C has an
alternative contingent remainder in fee simple.

7. Basically the same answer as 6. A has a life estate. D has a contingent remainder in
fee simple. C has an alternative contingent remainder in fee simple.

8. D owns Whiteacre in fee simple absolute.

9. The Berkey City School Board has a fee simple determinable; O has a possibility of
reverter in fee simple.

10. A has a term of years. D (and any subsequent children) has a contingent remainder in
fee simple absolute. O has a reversion in fee simple.

11. A has a term of years. D has a vested remainder in fee simple absolute subject to open.

12. A has a life estate. B has a vested remainder in fee simple determinable. O has a
possibility of reverter in fee simple.

13. A has a defeasible life estate. B has a vested remainder in fee simple. O has a
possibility of reverter in life estate. (If A leaves the church, then O’s possibility of
reverter will automatically transfer the life estate back to O; on A’s death, the life estate
will expire (regardless of whether A still has it or whether it has reverted back to O),
and B will own Greenacre in fee simple.)

14. A has a life estate. B has a vested remainder subject to divestment in fee simple. C
and D (and any other subsequent children) have shifting executory interests in fee
simple.

15. A has a life estate. C has a contingent remainder in fee simple (because the condition—
“who reach the age of 21”—is before the comma). B has a contingent remainder in fee
simple. O has a reversion in fee simple.

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16. A has a life estate. C has a vested remainder subject to open and subject to divestment.
B has a shifting executory interest in fee simple (because a later-born child to A might
get busted, which would allow B to cut short C’s interest).

17. C owns Whiteacre in fee simple.

18. A has a life estate. The School Board has a vested remainder in fee simple subject to
condition subsequent. O has a right of entry in fee simple.

19. A has a life estate. The School Board has a vested remainder in fee simple determinable
(aka fee simple subject to executory limitation). Mercy Hospital has a shifting
executory interest in fee simple.

20. A has a life estate. C and D have vested remainders in fee simple subject to open and
subject to divestment. B has a shifting executory interest in fee simple.

21. A has a life estate. A’s children have a contingent remainder in fee simple. B has a
contingent remainder in fee simple. O has a reversion in fee simple.

22. A has a life estate. B has a vested remainder in life estate. B’s issue have a contingent
remainder in fee simple. O has a reversion.

23. A has a life estate. B has a vested remainder in life estate. C has a vested remainder
in fee simple subject to open.

24. Blackacre has escheated to the state.

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