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11.1: What is the name of the doctrine that combines two or more vested interests when they come into the hands of the same person and are not separated by a vested interest held by someone else?
Merger
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11.2: What is the name of the doctrine that causes a contingent remainder to fail if its contingencies are not resolved by the time all prior estates have ended?
Destruction of contingent remainders
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11.3: In order for the doctrine of merger to combine two vested interests, what two criteria must be met?
- (a) They must come into the hands of the same person.
- (b) They must not be separated by another vested interest.
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11.4: What happens to a contingent remainder that is placed between two vested interests combined by the doctrine of merger?
It ceases to exist.
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11.5: If a future interest subject to divestment becomes possessory, do we still say it is "subject to divestment"?
No. The term "subject to divestment" refers only to interests that can be divested before becoming possessory.
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11.6: O to A for life, then to B for life, then to C.
Subsequently C conveys to A.
Does the doctrine of merger apply? Why or why not?
No. B's vested interest prevents merger.
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11.7: O to A for life, then to B if B is then married, otherwise to C.
Subsequently C conveys to A.
B is not married.
No. C's interest is not vested.
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11.8: O to A for 10 years, then to B for life if B is then married, then to A.
No. The interests were created in the same document, and the two vested estates are separated by a contingent estate.
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11.9: O to A for life, then to A's first child for life, then to C.
Subsequently C conveys to A.
A has no children.
Yes. Two vested estates came into A's hands from two separate documents, and they are separated only by a contingent estate.
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11.10: O to A for 10 years, then to B for life, then back to O.
O subsequently conveys to C.
C subsequently conveys to B.
What is the title at the time of the conveyance, and after each subsequent factual development?
- O to A for 10 years, then to B for life, then back to O.
- A: possessory estate for a term of years
- B: vested remainder in life estate
- O: reversion in fee simple absolute
- O subsequently conveys to C.
- A: possessory estate for a term of years
- B: vested remainder in life estate
- C: reversion in fee simple absolute
- C subsequently conveys to B.
- A: possessory estate for a term of years
- B: reversion in fee simple absolute
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11.11: O to A for life, then to the Mayor of New York City if A has married, but if A never marries, then to B.
In this conveyance, be sure to notice all the reasons that the first future interest is contingent.
A has not yet married.
Subsequently, A marries.
What is the title at the time of the conveyance, and after each subsequent factual development?
- O to A for life, then to the Mayor of New York City if A has married, but if A never married, then to B. (A has not yet married.)
- A: possessory estate in life estate Mayor: contingent remainder in fee simple absolute
- B: contingent remainder in fee simple absolute
- O: reversion in fee simple absolute
- Subsequently, A marries.
- A: possessory estate in life estate Mayor: contingent remainder in fee simple absolute
- O: reversion in fee simple absolute
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11.12: O to A for 10 years, then to B.
Subsequently, B dies, devising all her property to C.
What is the title at the time of the conveyance, and after each subsequent factual development?
- O to A for 10 years, then to B.
- A: possessory estate for a term of years
- B: vested remainder in fee simple absolute
- Subsequently, B dies, devising all her property to C.
- A: possessory estate for a term of years
- C: vested remainder in fee simple absolute
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11.13: O to A for life, then to B and his heirs, but if B ever allows strip mining on the property, then to C and her heirs.
Subsequently, B dies.
What is the title at the time of the conveyance, and after each subsequent factual development?
- O to A for life, then to B and his heirs, but if B ever allows strip mining on the property, then to C and her heirs.
- A: possessory estate in life estate
- B: vested remainder in fee simple subject to an executory limitation
- C: executory interest in fee simple absolute
- Subsequently, B dies.
- A: possessory estate in life estate B's heirs or devisees: vested remainder in fee simple absolute
- C: nothing
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11.14: O to A for life, then to B if B gets married.
B is unmarried.
Two years later A conveys to O.
What is the title at the time of the conveyance, and after each subsequent factual development?
- O to A for life, then to B if B gets married. (B is unmarried.)
- A: possessory estate in life estate
- B: contingent remainder in fee simple absolute
- O: reversion in fee simple absolute
- Two years later A conveys to O.
- O: possessory estate in fee simple absolute
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11.15: O to A for life, then to A's first child to reach 21.
A's only child (B) is 17.
Two years later A dies.
What is the title at the time of the conveyance, and after each subsequent factual development?
- O to A for life, then to A's first child to reach 21. [A's only child
- (B) is 17.]
- A: possessory estate in life estate A's first child to reach 21: contingent remainder in fee simple absolute
- O: reversion in fee simple absolute
- Two years later A dies.
- If you apply destruction of contingent remainders:
- O: possessory estate in fee simple absolute
- If you do not apply destruction of contingent remainders:
- O: possessory estate in fee simple subject to an executory limitation
- B: springing executory interest in fee simple absolute
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11.16: O to A for 2 years, then to B; however, if B ever uses illegal drugs, then to C.
Two years pass.
What is the title at the time of the conveyance, and after each subsequent factual development?
- O to A for 2 years, then to B; however, if B ever uses illegal drugs, then to C.
- A: possessory estate for a term of years (assuming that B's use of drugs is meant to limit only B's remainder and not A's term of years)
- B: vested remainder subject to divestment in fee simple subject to an executory limitation
- C: executory interest in fee simple absolute
- Two years pass.
- B: possessory estate in fee simple subject to an executory limitation
- C: executory interest in fee simple absolute
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11.17: O (who owns in fee tail) to A. (Assume modern law.)
Then A conveys to O.
What is the title at the time of the conveyance, and after each subsequent factual development?
- O (who owns in fee tail) to A. (Assume modern law.)
- A: possessory estate in fee simple absolute
- Then A conveys to O
- O: possessory estate in fee simple absolute
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11.18: O to A for life, then to B's first child and his heirs.
B has no children.
Subsequently, B and her husband (C) have a child (D), who lives for one hour. B and C have three more children (E, F, and G). Then A, B, and C die in a car accident, all without wills.
What is the title at the time of the conveyance, and after each subsequent factual development?
- O to A for life, then to B's first child and his heirs. (B has no children.)
- A: possessory estate in life estate B's first child: contingent remainder in fee simple absolute
- O: reversion in fee simple absolute
- Subsequently, B and her husband (C) have a child (D), who lives for one hour.
- A: possessory estate in life estate D's heirs (B and C): vested remainder in fee simple absolute
- B and C have three more children (E, F, and G).
- No change.
- Then A, B, and C die in a car accident, all without wills.
- B's and C's heirs (E, F, and G): possessory estate in fee simple absolute
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11.19: O to A for life, then to B, but if B gets divorced, B's interest ends.
B is not divorced.
Two years later A conveys to O.
What is the title at the time of the conveyance, and after each subsequent factual development?
- O to A for life, then to B, but if B gets divorced, B's interest ends. (B is not divorced.)
- A: possessory estate in life estate
- B: vested remainder subject to divestment in fee simple subject to a condition subsequent [the classic example of a limitation that might divest a vested remainder is a limitation over to another grantee (an executory limitation), but it is possible for a reversionary interest to divest a remainder as well.]
- O: right of entry
- Two years later A conveys to O.
- O: possessory estate in life estate pur autre vie
- B: vested remainder subject to divestment in fee simple subject to a condition subsequent
- O: right of entry in fee simple absolute
- [No merger—intervening vested estate]
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11.20: "My husband, James, died last month, and I am the executor of his estate. I have to list the estate's assets and file the list with the Probate Court. About 10 years ago, my husband's sister died. A clause in her will said, ‘I leave my property at 114 Dalmont Street to my sister Jennifer for life, and then to my brother James for life, and then to my niece Clara.' Do I list this property as one of the estate's assets?"
"No. James had a life estate, which ended when he died. Whether or not Jennifer is still living, James's life estate ended with his death, so no interest in 114 Dalmont Street is part of his estate."
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