Remainder For Divisible term of years?

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cmartin5970
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Joined: Mon Jun 27, 2011 8:49 pm

Remainder For Divisible term of years?

Postby cmartin5970 » Mon Oct 08, 2012 10:48 pm

i am very confused by this hypothetical.

O to A for life or until B reaches 25, then to B.

To me that seems like a life estate subject to executory limitation and B has a vested remainder. However, i have been taught that remainders can never cut short an estate, and it seems like by reaching 25, B is cutting the estate short. My professor went over this hypothetical and said that it was a life estate subject to executory limitation and B had a remainder because it was following a life estate, but it just keeps confusing me the more i think about it. ive tried barbri video, E & E and CALI lessons and still seem confused on this subject so anything you all can suggest would be great.

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Jsa725
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Joined: Wed Feb 15, 2012 9:20 pm

Re: Remainder For Divisible term of years?

Postby Jsa725 » Mon Oct 08, 2012 11:09 pm

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Last edited by Jsa725 on Wed May 07, 2014 9:19 pm, edited 2 times in total.

cmartin5970
Posts: 95
Joined: Mon Jun 27, 2011 8:49 pm

Re: Remainder For Divisible term of years?

Postby cmartin5970 » Mon Oct 08, 2012 11:11 pm

that is what i thought it should be, but my professor said that since it is a life estate, it should be a remainder...which doesnt totally make sense to me

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Jsa725
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Re: Remainder For Divisible term of years?

Postby Jsa725 » Mon Oct 08, 2012 11:21 pm

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Last edited by Jsa725 on Wed May 07, 2014 9:19 pm, edited 2 times in total.

cmartin5970
Posts: 95
Joined: Mon Jun 27, 2011 8:49 pm

Re: Remainder For Divisible term of years?

Postby cmartin5970 » Mon Oct 08, 2012 11:38 pm

i guess its good to know that im not the only one confused by what she said then. she has always used a rule that when an estate can end naturally, it "rolls up" to either a reversion or a remainder and it encompasses all the different possibilities. i think that is throwing me off because none of the supplments or study aids seem to use that rule.

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Jsa725
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Re: Remainder For Divisible term of years?

Postby Jsa725 » Tue Oct 09, 2012 12:15 am

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