emarxnj wrote:RAP question. O conveys to A for life, then to A's first child and his/her heirs (A has no children at time of conveyance)
So A has a life estate, and A's children have a continent remainder in fee. I'm trying to get my head around why the RAP doesn't affect A's children. Is it because they don't exist at the time of conveyance, thus we can kill off A, and an interest in the children clearly fails within 21 years?
I think you're forgetting that the RAP allows for two possibilities for a future interest to be valid. It has to either 1. vest, or 2. forever fail to vest. In the case of A's children, that seems fine. Even if O was conveyed to all of A's children, that would still be a valid clause according to the RAP. The two possibilities below would be the same in either case.
Since the interest is limited only to A's first child, it makes it a closed and certain class. So there are only two possibilities.
1. A has no children. Therefore A's non-existent child won't have any heirs. So the interest will forever fail to vest and revert back to O.
2. If A has children, then the interest will vest in his first born. Since it's logically impossible for A to have a second born before his first born, or for him to have children and never have a first born, he will always be a valid measuring life until his first child comes into existence. The interest will vest at the time of A's death and the RAP won't apply since A was a measuring life, so we don't need to count 21 years past A's death.
It's uncertain whether A's grandchildren from his firstborn son will have a vested interest since A could die, then since A's firstborn wasn't a measuring life at the time of the drafting of the will, he could have another heir 21 years after any valid life in being/measuring life is alive.
HTH, sorry if I was unclear.