Bar Exam_
Quiz yourself by thinking what should be in
each of the black spaces below before clicking
on it to display the answer.
Help!
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Two types of estates | show 🗑
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show | runs forever and fully alienable
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Attempts to put a direct restraint on alienation are | show 🗑
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conditions on the exercise of a fee simple are | show 🗑
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show | an invalid restraint on alienation
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show | fee simple
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show | Right of possession
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Life estates are never measured by | show 🗑
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to Lucia and Lynda after the death of my faithful wife lady bird | show 🗑
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show | life estate pur autre vie
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show | A's estate
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To A for life; A sells to B and B dies; estate goes to | show 🗑
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Forfeiture restrictions on life estates are | show 🗑
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Language that would terminate a life estate if holder tries to transfer it _____ violate the rule prohibiting restraints on alienation | show 🗑
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All te life tenant can do is ____ the estate, and that means continuing the _____ _____ of the land in its present condition | show 🗑
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Three types of waste | show 🗑
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Any affirmative action beyond the right of maintenance causing harm to the premises | show 🗑
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Open mines doctrine | show 🗑
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show | not waste
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show | permissive waste
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show | repair (not replace); pay taxes; pay interest on mortgage
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show | Life estate pays interest and future interest pays principle
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A tax sale | show 🗑
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Limitation on life tenant's liability | show 🗑
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Insurance for life estate | show 🗑
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show | increases the value of the property
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If changed conditions have made the property relatively worthless in its current use, the life tenant | show 🗑
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show | members of class who predecease T are eliminated and do not recover; once class is established when will is executed, class stays open to accommodate those who late meet definition of class member; class closes when any one of is entitled to distribution
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Rule of convenience | show 🗑
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show | reversion; possibility of reverter; right of entry; Remainder; Executory Interest
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show | reversion
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O to A for life. Later A grants the property to B for life | show 🗑
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O to A for life; then to B and his heirs if B survives A. | show 🗑
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show | certain to send the property back to O, it may or may not go back depending on the circumstances set in the grant
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show | Reversions are not subject to the RAP and can be transferred freely
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Possibility-of-Reverter | show 🗑
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show | when the condition happens
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Possibility-of-Reverter and RAP | show 🗑
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show | so long as, while, during, until
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show | when grantor gives a fee simple on a right of entry, grantor keeps a right of entry
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Fee simple on a condition subsequent | show 🗑
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Right of Entry (power of termination) is ignored if | show 🗑
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O and his heirs, provided that liquor is not sold on the premises | show 🗑
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show | fee simple on a condition subsequent
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show | not subject to RAP but cannot be transferred inter vivos (can by will)
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Language "for the purpose of" | show 🗑
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show | grantees
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Three types of remainders | show 🗑
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Vested remainder | show 🗑
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Vested remainder subject to open | show 🗑
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show | something has to happen or be known before the remainder can become possessory
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3 types of contingent remainders | show 🗑
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O to A for life then to B and his heirs if B is 21 on A's death. B has a | show 🗑
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O to A for life then to A's children. A has no current children. A's future children have a: | show 🗑
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O to A for life, then to A's widow. A is married to B. A's widow | show 🗑
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Vested and contingent remainders will become possessory, if at all, | show 🗑
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show | executory interest
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O to A for life, then to B and his heirs; but if at B's death B is not survived by issue, then to C and her heirs. B has a | show 🗑
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Holder of an executory interest cannot: | show 🗑
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show | if the executory interest operates by taking title from the grantor and giving it to a grantee
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shifting executory interest | show 🗑
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show | look at the facts and ask: could everyone alive at the time of the grant die, and 21 years pass, before the interest might vest? If yes, void.
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Validity of a grant for purposes of the RAP is determined at | show 🗑
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show | saves a grant from being voided by RAP by making sure the vesting must occur within the time period of the rule; usually works by keeping a reversion in the grantor after 21 years
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show | can violate the RAP if they could be exercised outside the time period
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Charity to Charity exception to the RAP | show 🗑
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show | watch for facts where the class is open and the gift over is contingent on a class member reaching a certain age (age limit of 30)
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RAP/class gifts | show 🗑
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show | unborn spouse problem
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show | No problem with RAP; vested remainder occurs upon birth
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show | RAP problem is looked at upon testator's death
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show 🗑
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Created by:
MarieB