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RAP Prob
Posted: Mon Dec 06, 2010 9:45 pm
by mbutterfly
verbatim:
"O to D for 22 years, then A and her heirs for life, then P's grandchildren and their heirs for life"
O,D,A,P are alive.
Re: RAP Prob
Posted: Tue Dec 07, 2010 10:15 pm
by mbutterfly
no one knows?
Re: RAP Prob
Posted: Tue Dec 07, 2010 10:27 pm
by philosoraptor
Wouldn't this violate the rule because the contingent remainder of P's grandchildren could vest at any time, including more than 21 years after A's death? The remainder would be contingent on the grandchildren's being born.
The language "to A and her heirs for life" and "P's grandchildren and their heirs for life" is confusing. The first one has to be a life estate for the second to mean anything, and I suppose O would have a reversion if there weren't a RAP violation.