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Real Property – Nutshell Examples - page 12 / 22





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ancestor’s estate need not be possessory for the Rule or for merger to apply. (96)

Ex:Ann conveyed to Bob for life, then to Cathy for life, then to Bob’s heirs.  Bob has a present life estate and a vested remainder in FS.  Cathy’s vested remainder in a life estate bars merger.   (96)

Ex:Ann conveys to Bob for life, then if Cathy marries Don, to Cathy for life, then to Bob’s heirs.  Bi has a life estate, and the Rule gives him a vested remainder in fee simple.  Since merger would destroy Cathy’s contingent remainder, it does not apply, because the doctrine of destructibility of contingent remainders does not apply when the 2 estates to be merged are given simultaneously (the exact opposite of the requirement for the Rule to apply).  But Bob can destroy Cathy’s contingent remainder by conveying both his interests to a 3rd person. (96)

The Doctrine of Worthier Title

Ex:Ann conveys to Bob for life, remainder to Ann’s heirs.  Bob has a LE.  By its terms, the conveyance appears to give a remainder to Ann’s heirs.  But the Doctrine destroys the remainder and gives Ann a reversion in FS instead. (98)

C. Concurrent Estates


Unity of Time

Ex:Owen conveys to Ann and Bob.  May be JT’s or T by E, or T in C.  There is unity of time because they received the deed in writing at the exact same time.  Can’t convey ½ to Bob today and ½ to Ann tomorrow.  Owen can’t convey ½ to Ann and ½ to himself.  (needs strawmen). (110)


Unity of Title

Ex:Also, need the deed to be the same one. (111)


Unity of Interest

Ex:JT’s and T by E require this.  Need Ann to have ½ and Bob to have ½.  Can’t be 51/49. (111)


Unity of Possession

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