sweetdee wrote:This is from a final exam for my property instructor...
"James conveys Blackacre 'to Burt and such of his children who survive him.' The quoted words are best described as:
(a) Words of limitation
(b) Words of purchase
(c) Words creating a life estate and a vested remainder
(d) Words creating a fee simple in Burt followed by a contingent remainder."
I've asked several people, and we can't come up with a consensus.
I'm pretty sure it's (b), but a solid answer would be great.
The correct answer is D. Burt has a fee simple- notice it is simply conveyed to Burt with no restrictions.
Burt's children have a contingent remainder- them receiving the property is conditioned on them surviving Burt.
Why would you think it is B there are no purchasing powers on it?