Am I correct on these 2 multiple choice questions?
O conveys Blackare to "A, but if Blackacre is ever used for non-residential purposes, then to B and his heirs"
*Note: analyze interests in light of the common law RAP
#1: A has :
a) Fee simple subject to condition subsequent
b) Fee simple subject to executory limitation
c) Life estate subject to condition subsequent
d) Life estate subject to executory limitation
e) Fee simple absolute
I chose B for this one.
#2: B has:
a) a contingent remainder that is valid under the RAP
b) a contingent remainder that is not valid under the RAP
c) an executory interest that is valid under the RAP
d) an executory interest that is not valid under the RAP
I chose D for this one. This is a shifting executory interest and the RAP is violated because the interest does does not have to vest within 21 years of the conveyance.
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