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Property

Exam 5
30 minutes

Fact Pattern

Blackacre is a tract of land held by O in fee simple absolute. In Year 1, O conveys Blackacre in a single deed, as follows: “I hereby convey Blackacre to A for life, and upon the death of A, to B for life, and upon the death of B, to the issue of B; provided that if B has no issue, then to C’s children then living.” At the time of this conveyance, C has two living children, X and Y.

The state where Blackacre is located has the following statute:

Grants to Two or More Persons: Any conveyance of real property to two or more persons will be presumed to create a tenancy in common. This presumption may be overcome by express words of conveyance creating any alternative form of concurrent estate.

In Year 2, A dies. In year 3, C has a third child, Z. In Year 5, B dies without issue. At this time, C, X, Y, and Z are all living, and C is pregnant with a fourth child, U. 


Questions

  1. At the time of the conveyance by O, what interests in Blackacre are held by A, B, X, and Y, respectively? Explain.

  2. Upon A’s death, what interests in Blackacre are held by B, X, and Y, respectively? Explain.

  3. Upon B’s death, what interests in Blackacre are held by X, Y, Z, and U, respectively? Explain.

Question 1

At the time of the conveyance by O, what interests in Blackacre are held by A, B, X, and Y, respectively? Explain.

Question 2

Upon A’s death, what interests in Blackacre are held by B, X, and Y, respectively? Explain.

Question 3

Upon B’s death, what interests in Blackacre are held by X, Y, Z, and U, respectively? Explain.

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