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Real Property – Nutshell Examples - page 11 / 22





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his heirs.  the conveyance to the heirs need not follow directly after the conveyance to the ancestor; the conveyance can be immediate. (95)

Ex:Ann conveyed to Bob for life, remainder to Cathy’s heirs.  Bob then conveyed to Cathy.  Cathy will have a life estate, and her heirs will have a remainder in fee simple.  The rule does not apply, because the conveyances to Cathy and to her heirs were in separate deeds, which destroys the presumption that the grantor intended “heirs” to be a word of limitation. (95)

Ex:Ann conveyed to Bob for life, remainder to Bob’s heirs.  Before the rule is applied, Bob has a life estate, and his heirs have a contingent remainder.  Once the rule gives the remainder to Bob, the remainder becomes a vested remainder because Bob is ascertained.  therefore, Bob now has a life estate and a vested remainder in FS. (95)

Ex:Ann conveys to Bob for life, and then if Bob marries Carol, to Bob’s heirs.  The Rule gives the remainder to Bob, but it remains a contingent remainder until Bob married Carol, because their marriage is a condition precedent.  Before the Rule was applied, the remainder was doubly contingent: it was given to unascertained persons and was dependent on a condition precedent.  Switching it over to the ancestor only removed on contingency.

Ex:Ann conveyed to Bob for life, remainder to Bob’s heirs.  The Rule transfers the remainder from bob’s heirs to Bob.  Because Bo is ascertained and there is no condition precedent, it becomes a vested remainder.  Because 2 consecutive vested estates are in one person, they merge.  As a result, Bob has a present fee simple. (96)

Ex:Ann conveys to Bob for life, then to Cathy for life, then to Cathy’s heirs.  Bob has a present life estate.  Cathy has a vested remainder in FS absolute.  The Rule converts the contingent remainder in Cathy’s heirs to a vested remainder in Cathy, and her two interests then merge.  the

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