target wrote:BeaverHunter wrote:BeachedBrit wrote:That's what I was hoping for, just got out of an exam and either missed a lot of stuff on one of the big essay issue spotters or did pretty solidly, trying to confirm which. One more question...
Father = A
Son #1 = B
Son #2 = C
Conveyance occurs through execution of A's will aka A just died.
A to B, but if B marries someone that isn't (insert religion here), then to C's grandchildren
After conveyance to B, he marries someone that isn't (insert religion here).
1) Traditional states - Class gift at end invalid because of RAP? Causes a fee simply absolute in B?
2) "wait and see" states - Just have to wait and see if class vests/closes?
Also, would it change it anything if you made C the brother of A, rather than the brother of B?
Where is the RAP issue? B is a life in being at the time of the conveyance. If he does marry someone that isn't (insert religion here), it will be by the time he dies.
If A's still alive:
A has reversion. B has vested remainder subject to complete divestment. C's grandchildren will have shifting executory interest. I guess RAP may not apply since if B does not marry someone that isn't [religion] and C's grandchildren do not exist, then the interest reverts back to A.
If A is dead:
B has vested remainder subject to complete divestment. C's grandchildren will have shifting executory interest. RAP applies in this case since at the moment B marries someone who is not [religion], C's grandchildren, who may not exist, have interest in the land.
Not so sure about that. A is dead. This is a will. B has fee simple subject to executory interest. The condition vesting C's grandchildrens interest will happen by B's death, if at all. B is a life in being. No RAP.