Legal Question in Real Estate Law in California

In 1990, Celia wrote a will devising all of her property "to Andrew for life, then to the children of Andrew for life, and upon the death of the last surviving child of Andrew, to such of Andrew's grandchildren as may then be living." Celia dies in 2000, when Andrew and his daughters Kaitlin and Kelsey are living. It is now 2003, and Andrew has had two more children - Kerry and Kyle - but no grandchildren.

1. What interest does Kerry own in the land?

(A) Life estate.

(B) Vested remainder subject to partial divestment.

(C) Shifting executory interest.

(D) Executory interest.

The Midwestern Automotive Society conveys a former used car lot "to Alexandra for life, then to Alexandra's siblings." Alexandra's parents are alive, and Alexandra has a brother Bertrand and a sister Sonja.

2. Is Bertrand's property interest valid under the traditional common law Rule against Perpetuities?

(A) Yes, because it is not subject to the Rule.

(B) Yes, using Alexandra as the measuring life.

(C) Yes, using Alexandra's parents as the measuring life.

(D) No, because Alexandra's parents might have more children.

William Henderson Johnson III just died with a will leaving "all of my earthly belongings to Stuart for life, remainder to Stuart's lineal descendants as are alive on January 1, 2010."

3. Who cannot serve as the measuring life to validate the contingent remainder held by "Stuart's lineal descendants as are alive on January 1, 2010"?

(A) Stuart.

(B) Stuart's current wife.

(C) Any of Stuart's living children.

(D) Any of Stuart's children who are born after William died but before January 1, 2010.

In 2000, the Acme Steel Company sells the site of a defunct factory "to Andrew for life, remainder to Beatrice." Ten months later, Andrew sells his interest to Cooper. Cooper dies of a mysterious illness in December 2002. Andrew and Beatrice are both alive.

4. Who owns the present possessory interest in the land?

(A) Cooper's heirs.

(B) Andrew.

(C) Beatrice.

(D) The Acme Steel Company.

Angela was born in 1936. She never married, and she does not have any children. She does own lots of land, though. So in 1990, Angela wrote a will devising all of her land "to my favorite nephew Jackson for life, then to the first daughter of Jackson whenever born who becomes a medical doctor." Jackson's first daughter Jenny is born in 1999, a few months before Angela dies. Jackson has not had any more daughters since then, and Jenny is in grade school.

5. Jenny owns what interest in the land?

(A) None.

(B) Vested remainder.

(C) Contingent remainder.

(D) Shifting executory interest.

6. Which of the following is not an accurate description of the concept of a fee tail?

(A) A fee tail facilitated the alienability of property.

(B) A fee tail could be created by a conveyance "to Charlotte and the heirs of her body."

(C) A fee tail was designed to keep land within the same family for several generations.

(D) A life estate is the modern device most likely to replace the functioning of a fee tail.

Luke Paulsen began his working career selling groceries, but he now sees an unprecedented business opportunity in sporting goods. He plans to operate Luke's Sporting Goods, a store that sells a variety of equipment for a variety of sporting endeavors.

7. Alley conveyed her property to Luke Paulsen so long as he uses the property for commercial purpose, like running a grocery store, and if he ceases to use the property for commercial purpose then to Tom. Luke Paulsen began his working career selling groceries on the property, but now sees an unprecedented business opportunity in Sporting goods. He plans to change the grocery store into Luke�s Sporting Goods, a store that sells a variety of equipment for a variety of sporting endeavors.

Upon Luke�s plan on operating a sporting goods store, he will hold title as

(A) Fee simple absolute

(B) Fee simple subject to a condition subsequent

(C) Fee simple determinable

(D) The fee simple is destroyed if he converts the grocery store to a sporting goods store.

Joyce and Cathy were law school roommates in the 1970's, and they have remained best friends. They are both 55 years old. Cathy has two sons, while Joyce does not have any children.

8. Joyce owns a shifting executory interest in which of the following properties?

(A) A lake house that Cathy conveyed in 2000 "to Joyce until her sons graduate from college."

(B) A ranch that Cathy conveyed in 2003 "to the Western Historical Society for the rest of my life, then to Joyce."

(C) Ten acres of forested land that Cathy conveyed in 1994 "to the city so long as the land is open to the public for recreational purposes for the next 20 years, then to Joyce."

(D) A vacant suburban lot that Cathy's will devises "to the West Park Synagogue provided that it is used for religious purposes for the next 20 years, then to Joyce."

In February 2000, the Axle Motor Company conveyed its riverfront property "to Lucy Brewer for life, then to her eldest daughter." At the time of the conveyance, Lucy has two daughters: Annie, age 16; and Tanya, age 12. Two years later, when she turned 18, Annie conveyed her interest in the land to the Prairie Land Trust. At the same time, Lucy leased the property "to Dean Walter for five years." In January 2003, Lucy and Annie die in a car accident.

9. Who is most likely to have the possessory interest in the land following the fatal accident?

(A) The Axle Motor Company.

(B) The Prairie Land Trust.

(C) Tanya.

(D) Dean Walter.

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