Chapter 5

FUTURE INTERESTS

12. O held a fee simple absolute in Blackacre. He conveyed “to A for life.” After this conveyance, what interest, if any, does O hold in Blackacre? _______________
13. O conveyed Blackacre “to A for life, then to B and his heirs.” Immediately after the conveyance, what interest, if any, does B have in Blackacre? _______________
14. O conveyed Blackacre “to A for life, then to B’s children and their heirs.” At the time of this conveyance, B had one child, C. Immediately following the conveyance, what interest, if any, does C have in Blackacre? _______________
15. O conveyed Blackacre “to A for life, then to B and his heirs. However, if B dies without issue, then to C and his heirs.” Immediately following this conveyance, what interest, if any, does B have in Blackacre? _______________
16. O conveyed Blackacre “to A for life, then, if B is living at A’s death, to B in fee simple.” Immediately after this conveyance, what interest, if any, does B have in Blackacre? _______________
17. O conveyed Blackacre “to A for life, then to B and his heirs, but if B dies before A, to O and his heirs.” Immediately after this conveyance, what interest, if any, does B have in Blackacre? _______________
18. O conveyed Blackacre “to A for life, remainder to the first daughter of A who produces a child while married.” A then died. At A’s death, he has one daughter, D, who has not yet married or had a child. O is still alive. Immediately after A’s death, what is the state of title to Blackacre? Assume that all common-law doctrines are in force without statutory modification. _______________
19. O conveyed Blackacre “to A for life, remainder to A’s oldest daughter for life if she has a child while married, remainder to B and his heirs.” At a time when A’s oldest daughter, D, had not yet married, A conveyed his life estate to B. After that conveyance, what is the state of title? Assume that all common-law doctrines are in force without statutory modification. _______________
20. O, in his will, left Blackacre “to A for life, remainder to A’s heirs.” A then issued a quitclaim deed (giving whatever interest A had, without specifying or warranting what that interest was) to B. Two years later, A died, leaving as his sole heir at law S, a son. What is the state of title to Blackacre? _______________
21. In a state with no statutes modifying the relevant common-law rules, O conveyed Blackacre “to A for life, remainder to O’s heirs.” Shortly thereafter, O quitclaimed any interest he might have in Blackacre to B. O then died, leaving as his sole heir a son, S. A then died. What is the state of title? _______________
22. The same facts as the prior question. Now, however, assume that all transactions occurred in the early 21st century, in a state that follows the usual 21st-century approach to conveyances of the ones described in the question. Assume further that in O’s initial conveyance to A, he added the sentence, “I mean for this gift to take effect in exactly the manner that I have expressed.” What is the probable state of title? _______________