Looks like a
Bronck wrote:If it's something like "O conveys Blackacre to O's grandchildren upon graduation from HS", then the measuring life would be O's children right? That part is perfectly OK, because upon O's death, all of O's children will have been born. But, it's still possible that upon the death of O's last child (measuring life) + 21 additional years, the grandchild will have never graduated from HS, right?
Yeah that's right and falls under the fertile octogenarian problem, right? (There could be more grandkids born.) But if there are named grandchildren instead, it wouldn't be a problem. I think I just misunderstood whether or not the grandkids were alive and born. We're saying the same thing. (I think.)
first: what is the future interest? - Here, looks like a springing executory interest in O's grandchildren - O's grandchildren are not ascertained.
second: conditions precedent? - O must have a child, that child must have a child (o's grandchild) - that grandchild must then graduate high school. If O has more than one grandchild, then we must consider a few jurisdictional specific rules. "all or nothing rule" says that if the future interest is in a class, it will not be considered "vested" unless all eligible class members meet the condition precedent (if one future interest may not vest, the Rap considers none of them will vest) - "Rule of convenience" says once the classes (grandchildren) common ancestor (here, O's children who have the baby grandchildren) passes away, then the class is considered closed for purposes of RAP.
third: find a measuring life - If O has grandchildren then they can be the validating lives, or O, or O's child
fourth: will we know with certainty within 21 years of a validating life whether or not the interest will vest? - I can think of a scenario in which we would not know. Say O has a child, O's child has a child (grandchild) --> then O dies, O's child dies -- so all the validating lives are gone -- will we know, with certainty, whether or not grandchild will graduate high school within 21 years? --> NOOOO! not everyone graduates high school. But they could go back and try later on in adulthood.
Thus, Rap is violated