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G leaves all his property "to my issue living 15 years after the completion of the probate of my estate." What type of interest do the issue hold?


A) An executory interest
B) A vested remainder
C) A contingent remainder
D) A possibility of reverter

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An executory interest is a future interest in the grantor.

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The Rule Against Perpetuities is applicable to reversions.

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What are saving clauses?


A) Clauses in grants that provide for heirs to take a reverter
B) Clauses in grants that eliminate fee tails
C) Clauses in grants that limit remainders
D) Clauses in grants that require interpretations that do not violate the Rule Against Perpetuities

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When a remainder is given to the heirs of a then-living person, the remainder is vested.

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A tenancy at will is created in the same manner as a periodic tenancy.

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"To the University of New Mexico for the time that the land is used for an observatory" is a:


A) Fee simple subject to a condition subsequent.
B) Fee simple determinable.
C) Estate for years.
D) Life estate.

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"To my son A for life, then if my granddaughter, Sheila, is married, to Sheila." Sheila's interest is void under the Rule Against Perpetuities.

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"To A on the condition that the easement be maintained and should the easement not be maintained, the property shall go to the Mesa Public School District for use as an athletic field." The Mesa Public School District has:


A) A life estate.
B) An estate for years.
C) A springing executory interest.
D) Right of entry/power of termination.

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Explain the purpose behind the Rule Against Perpetuities.

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The purpose was to limit contr...

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"To A for life, then to B's children." (B is alive and has 2 children) . B's children hold:


A) An executory interest.
B) A vested remainder subject to partial divestment.
C) A vested remainder subject to complete divestment.
D) A contingent remainder.

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The Rule Against Perpetuities has been eliminated or changed in some states.

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When there is a gap between present and future interests, an executory interest is created.

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Classify the following grants. a. "To the Phoenix Zoo for the time that the property is used for a children's petting zoo." b. "To my lovely children, Evan and Willard." c. "To my wife for the lives of my children." d. "To my niece on the condition that she never use the property for commercial purposes."

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a. Fee simple determinable
b. ...

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Most states have a presumption favoring a fee simple determinable language construction.

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A life estate can be transferred by will.

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The rule in Shelley's Case applies to leases.

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"To A so long as the premises are used for the operation of a restaurant," is an example of:


A) A fee simple absolute.
B) A fee simple subject to a condition subsequent.
C) A fee simple determinable.
D) Tenancy at will.

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The possibility of reverter requires some action on the part of the grantor to become a present interest.

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A tenancy at sufferance exists after the termination of a prior lease but before acceptance of rent by the landlord.

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