deed reads: "to the first scientist to discover the cure to aids"

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unclej

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deed reads: "to the first scientist to discover the cure to aids"

Postby unclej » Thu Apr 05, 2018 11:26 am

Hi guys

owner conveys "to the first scientist to discover the cure to aids"
if we ignore RAP,
why is owner's present interest fee simple subject to executory limitation?
is the first scientist's interest springing executory interest?

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RCSOB657

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Re: deed reads: "to the first scientist to discover the cure to aids"

Postby RCSOB657 » Thu Apr 05, 2018 12:13 pm

Cause his interest ends when the condition is met by a third party, even if he doesn't know it.

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BeeTeeZ

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Re: deed reads: "to the first scientist to discover the cure to aids"

Postby BeeTeeZ » Thu Apr 05, 2018 4:08 pm

RCSOB657 wrote:Cause his interest ends when the condition is met by a third party, even if he doesn't know it.


Bonus points for pointing out that a cure to "AIDS" is impossible. AIDS is when your immune system shuts down, and is not a disease in itself. The disease that causes AIDS is HIV, which is a disease, and is potentially curable. Trying to "cure AIDS" is like trying to cure irreversible brain damage, which is impossible. All you can do is prevent it from happening in the first place.

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Colonel_funkadunk

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Re: deed reads: "to the first scientist to discover the cure to aids"

Postby Colonel_funkadunk » Thu Apr 05, 2018 4:20 pm

Bc the first estate ends based on a conditioning event (that isn't death), and the third party has a permanent interest when it is acquired. There is no possibility of reverter.

mrlawguy

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Re: deed reads: "to the first scientist to discover the cure to aids"

Postby mrlawguy » Fri Apr 06, 2018 4:32 pm

BeeTeeZ wrote:
RCSOB657 wrote:Cause his interest ends when the condition is met by a third party, even if he doesn't know it.


Bonus points for pointing out that a cure to "AIDS" is impossible. AIDS is when your immune system shuts down, and is not a disease in itself. The disease that causes AIDS is HIV, which is a disease, and is potentially curable. Trying to "cure AIDS" is like trying to cure irreversible brain damage, which is impossible. All you can do is prevent it from happening in the first place.


I see what you're trying to do here but just to keep things accurate I'll jump in.

Acquired immune deficiency syndrome (AIDS) is the name for the conditions caused by human immunodeficiency virus (HIV). You can cure a person of the conditions (i.e. AIDS) by curing the underlying virus that causes those symptoms (HIV); the two cures, however, are not mutually exclusive. A person could live with HIV but free of the symptoms caused by HIV. In fact, that's what is done (to varying degrees of success) by many current HIV medications.

Your analogy to curing irreversible brain damage suffers from the same logical problem as the AIDS example. You can cure irreversible brain damage (which is the conditions of some other event or disease) by reversing the brain damage (let's say with some kind of stem cell therapy). Here, the stem cell therapy would not need to cure the underlying cause (e.g., motorcycle accident).

Something that is missed by many people is that a lot of "diseases" are in fact just a name for a list of conditions and researchers/doctors/scientists don't know the underlying cause of the conditions (e.g., lime disease). AIDS/HIV happens to be one of the rare forms of potentially very life threatening diseases where the medical community knows the exact cause, which in my opinion is why we've made so much progress in that field over the past twenty years (amongst other things).



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