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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.
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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.
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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 can be added to the class.
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7.4: O to A for life, then to B, but if B ever owns an insurance agency, then to O.
Is B's remainder
(1) contingent?
(2) vested subject to divestment before becoming possessory?
(3) vested and not subject to divestment before becoming possessory?
Vested subject to divestment
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7.5: O to A for 10 years, then to B for life if B has never owned a tavern, then to C.
Is B's remainder
(1) contingent?
(2) vested subject to divestment before becoming possessory?
(3) vested and not subject to divestment before becoming possessory?
Contingent
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7.6: O to A for two years, then to B, but if B ever uses the land for an insurance agency, then to C.
Is B's remainder
(1) contingent?
(2) vested subject to divestment before becoming possessory?
(3) vested and not subject to divestment before becoming possessory?
Vested and not subject to divestment
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7.7: O to A for life, then to B, but if the city ever annexes the land, then to C.
Is B's remainder
(1) contingent?
(2) vested subject to divestment before becoming possessory?
(3) vested and not subject to divestment before becoming possessory?
Vested subject to divestment (assuming that the condition is meant to limit A's life estate too).
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7.8: O to A for life, then to A's children.
(A has one child, B.)
Is the remainder given to a class is subject to open or closed?
Subject to open
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7.9: Conveyance in a testator's will: T (Testator) to A for life, then to T's children. (T has one child, B.)
Is the remainder given to a class is subject to open or closed?
Closed (T is dead and can have no more children.)
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7.10: O to A for 10 years, then to the 2001 graduates of State University Law School. (The conveyance was made in 2002.)
Is the remainder given to a class is subject to open or closed?
Closed
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7.11: O to A for life, then to B's children. (B presently has 3 children.)
Is the remainder given to a class is subject to open or closed?
Subject to open
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7.12: O to A for life, then to B for life, then to C and her heirs; however, if C ever uses the land for a rental, then to O.
What is the state of the title? Use the chart, and do these just for fun.
- 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
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7.13: O to A for 10 years, then to B and her heirs, but if B divorces, then to C after A's estate has ended and until C ceases to live on the property, then to D.
What is the state of the title? Use the chart, and do these just for fun.
- A: possessory estate for 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
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7.14: O to A for life, then to B and his heirs while B is using the property for a law office, then to C; however, if C does not marry by age 35, then C's estate ends.
What is the state of the title? Use the chart, and do these just for fun.
- 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 (Some sources would say that O has a reversion following a series of contingent interests.)
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7.15: 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 has survived A, then to D.
What is the state of the title? Use the chart, and do these just for fun.
- A: possessory estate in life estate
- B: contingent remainder in fee simple absolute
- C: contingent remainder in fee simple absolute
- D: contingent remainder in fee simple absolute
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7.16: O to A for life, then to B for 10 years, then to C's children, but if none of C's children are then living, to D. (C is alive and has one child, X, at the time of the conveyance.)
What is the state of the title? Use the chart, and do these just for fun.
- A: possessory estate in life estate
- B: vested remainder for a term of years
- X: vested remainder subject to divestment in fee simple subject to executory limitation and subject to open
- D: executory interest in fee simple absolute
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7.17: 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 and her heirs. (At the time of the conveyance, B is married.)
What is the state of the title? Use the chart, and do these just for fun.
- A: possessory estate in life estate
- B: vested remainder in fee simple absolute
- C: nothing
- D: nothing
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