RAP Prob

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mbutterfly
Posts: 51
Joined: Mon Jul 05, 2010 10:17 pm

RAP Prob

Postby mbutterfly » Mon Dec 06, 2010 9:45 pm

verbatim:

"O to D for 22 years, then A and her heirs for life, then P's grandchildren and their heirs for life"

O,D,A,P are alive.

mbutterfly
Posts: 51
Joined: Mon Jul 05, 2010 10:17 pm

Re: RAP Prob

Postby mbutterfly » Tue Dec 07, 2010 10:15 pm

no one knows?

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philosoraptor
Posts: 708
Joined: Wed Nov 25, 2009 2:49 am

Re: RAP Prob

Postby philosoraptor » Tue Dec 07, 2010 10:27 pm

Wouldn't this violate the rule because the contingent remainder of P's grandchildren could vest at any time, including more than 21 years after A's death? The remainder would be contingent on the grandchildren's being born.

The language "to A and her heirs for life" and "P's grandchildren and their heirs for life" is confusing. The first one has to be a life estate for the second to mean anything, and I suppose O would have a reversion if there weren't a RAP violation.




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