Property

Exam 19

30 minutes

Fact pattern

O’s will leaves Blackacre “to A for life, then to B’s children who are then living, but if none of B’s children are living upon A’s death, then to C.” At the time the will is written, B has one living child, W.  

Six months later, O dies. 

One year later, C dies. C’s will leaves all of C’s real and personal property to D.

Two years later, B has a second child, X. 

Three years later, A dies. At the time of A’s death, B is three months pregnant with a third child, Y, who is born six months after the death of A.

Eighteen months after the death of A, B has a fourth child, Z.

The relevant jurisdiction recognizes the rule of convenience as applied to class gifts. When Z is born, W, X, and Y are still living.

Questions

1. Four months before A’s death, what legal interests do D, W, and X, respectively, hold in Blackacre? Explain, ignoring the rule against perpetuities.
2. Upon the birth of Z, what legal interests do W, X Y, and Z, respectively, hold in Blackacre? Explain.

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