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PROPERTY PRACTICE EXAM

(45 MIN/CLOSED BOOK)
Prof. Linda S. Whitton
General Directions:

Please read each set of facts carefully and answer the questions that follow based on the fact pattern given. The
alternative responses may include qualifications that are essential to the correctness of the response and thus to
selection of the correct answer to the question. Consequently, you should read each question and consider all of
the responses before you select your answer. Each question has four responses from which you are to select the
best one.

General Assumption:

Please base your answers on the following assumptions

The common law Rule Against Perpetuities is in effect in this jurisdiction.

I.
G has a granddaughter, A, and a grandson, B. A always admired Gs sterling tea service and asked to borrow it for
a dinner party. Some time later when A offered to return the tea set, G responded, Just keep it, I always intended
to give it to you when I died, anyway. When G died, she left a will which, in general terms, gave all of her
property in equal shares to A and B. Now A and B are fighting over the tea service.

1. If you represent A, what will you argue?
A. The tea set was a valid gift causa mortis.
B. The tea set is a valid gift via symbolic delivery.
C. G expressed the donative intent to make a present gift and re-delivery is not
customarily required in such circumstances.
D. As possession of the tea set was a gratuitous bailment.

2. If you represent B, what will you argue?
A. As possession of the tea set was merely a bailment.
B. There was no present donative intent because G wanted ownership of the tea set to
pass at her death.
C. Gs statement was nothing more than an invalid oral will.
D. All of the above.
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II.
In 1991, O conveyed Greenacre to L for life, remainder to As children, but if at As death she is not survived by any
children, then to B.

3. In 1991 A has no children. What is the state of the title to Greenacre?
A. O (nothing); L (life estate); As children (vested remainder subject to open and
subject to complete divestment); B (executory interest).
B. O (reversion); L (life estate); As children (contingent remainder); B (contingent
remainder).
C. O (reversion); L (life estate); As children (contingent remainder); B (executory interest).
D. O (nothing); L (life estate; As children (indefeasibly vested remainder).

4. In 1995, A has two children, C and D. What is the state of the title to Greenacre?
A. O (nothing); L (life estate); As children (vested remainder subject to open and
subject to complete divestment); B (executory interest).
B. O (reversion); L (life estate); As children (contingent remainder); B (alternate contingent
remainder).
C. O (reversion); L (life estate); As children (contingent remainder); B (executory
interest).
D. O (nothing); L (life estate); As children (indefeasibly vested remainder).

5. In 2000, A dies leaving only one child, C, surviving. What is the state of the title to Greenacre?
A. O (nothing); L (life estate); C, and Ds estate (nothing); B (indefeasibly vested
remainder).
B. O (reversion); L (life estate); C (contingent remainder); D (nothing); B (contingent
remainder).
C. O (nothing); L (life estate); C, and Ds estate(each an undivided 1/2 interest in an
indefeasibly vested remainder); B (nothing).
D. O (nothing); L (life estate); C (indefeasibly vested remainder); D (nothing); B (nothing).

6. If A dies without any children surviving her, followed by Bs death, and then Ls death, who owns
Greenacre?
A. O.
B. Cs and Ds estates.
C. Bs estate.
D. Ls estate.

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III.
T devised Whiteacre to Bs children who reach age 25.

7. Under which set of facts would the foregoing devise be valid? At the testators death
A. B is alive and has one child over age 25.
B. B is dead with children under age 25.
C. B is alive and has no children.
D. None of the above.

IV.
T devised Blackacre to X for life, remainder to Xs grandchildren and their heirs.
8. Under which set of facts would the foregoing devise be valid? At the testators death
A. X is alive and has grandchildren.
B. X is alive and has no grandchildren.
C. X is dead and has children alive, but no grandchildren.
D. All of the above.

V.
An associate in your firm asks you to review the following conveyance which he drafted for client O: O conveys
Blackacre to the Town of Havlock, but if Blackacre ceases to be used for a public park, then to Os children.
9. How would you recommend redrafting the conveyance?
A. to the Town of Havlock so long as Blackacre is used for a public park, then to Os
children.
B. to the Town of Havlock, but if Blackacre ceases to be used during Os childrens
lifetimes for a public park, then to Os children.
C. to the Town of Havlock, but if Blackacre ceases to be used during Os lifetime for a
public park, then to Os children.
D. Any of the above.

10. Based on the conveyance in the form proposed by your associate, what would the state of the title be to
Blackacre?
A. The Town of Havlock has a fee simple absolute.
B. O has a fee simple absolute.
C. The Town of Havlock has a fee simple subject to executory limitation, and Os children
have a shifting executory interest.
D. O has a possibility of reverter, the Town of Havlock has a fee simple determinable, and
Os children have a springing executory interest.

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VI.
O grants Blackacre to A for life, then to B if B survives A, but if B does not survive A, to Bs children.
11. Which of the following best describes the interests created by this grant:
A. A (life estate; B (vested remainder in fee simple absolute subject to complete
divestment); Bs children (shifting executory interests).
B. A (determinable life estate); B (fee simple absolute); Bs children (nothing).
C. A ( life estate); B (contingent remainder); Bs children (alternate contingent remainders).
D. A (life estate); B (life estate); Bs children (vested remainder in fee simple absolute).

VII.
12. O grants Blackacre to A for life. A then grants all of his interest to Blackacre to B. O has:
A. A reversion.
B. A possibility of reverter.
C. A power of termination.
D. Nothing.

13. A has:
A. A fee simple determinable.
B. A life estate.
C. A fee tail.
D. Nothing.

14. B has:
A. A fee simple absolute.
B. A life estate.
C. An estate measured by As life (a life estate pur autre vie).
D. A determinable life estate.

15. Assume now that B has died intestate, leaving two daughters as his only heirs. What is the state of the
title to Blackacre?
A. The property reverts back to O.
B. Because no one is entitled to the property, the first person to take possession cannot be
ousted until A dies.
C. The two daughters own the land as joint tenants, for the life of A.
D. The two daughters own the land as tenants in common, for the life of A.
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VIII.
O conveys Whiteacre to A for life, remainder to As children who attain the age of twenty-one. A has no children.
16. O has:
A. A possibility of reverter.
B. A reversion.
C. A right of re-entry.
D. Nothing.

17. As children have:
A. Vested remainders subject to open.
B. Contingent remainders in fee simple absolute.
C. Executory interests in fee simple absolute.
D. Nothing because the contingent remainders are void under the Rule Against
Perpetuities.

18. A dies, with two children surviving, ages 12 and 15. Concerning the state of the title to
Whiteacre, which of the following is true?
A. O now has a fee simple absolute because the executory interests in the children are void
under the Rule Against Perpetuities.
B. The two children own the property in fee simple as joint tenants.
C. O has a fee simple subject to springing executory interests in the children.
D. The property escheats to the state.