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help wanted: please give easiest explanation of rule against perpetuities

...
big meetinghouse
  09/26/17
It's probably abolished or severely curtailed by statute in ...
stimulating locale sandwich
  09/26/17
this is for a midterm mock exam
big meetinghouse
  09/26/17
...
180 Psychic Quadroon
  09/26/17
just take the hit and lose 2 points not fucking worth it
Dark house-broken casino jap
  09/26/17
did anyone here make good grades wtf
big meetinghouse
  09/26/17
never had to worry went into family's firm but yeah, some po...
Dark house-broken casino jap
  09/26/17
well they need to fucking answer it
big meetinghouse
  09/26/17
also, after a couple of years out (maybe even months) you fo...
Swashbuckling pistol
  09/26/17
sad
big meetinghouse
  09/26/17
that life takes over and archaic law doesn't matter? you're ...
Dark house-broken casino jap
  09/26/17
i hope we're still friends
big meetinghouse
  09/26/17
*minutes
180 Psychic Quadroon
  09/26/17
A future interest must vest, if at all, within 21 years of s...
Twinkling brunch turdskin
  09/26/17
180 this is good
big meetinghouse
  09/26/17
this is a verbatim stock explanation. one would assume op ne...
Dark house-broken casino jap
  09/26/17
an easy example or one weird trick would be good
big meetinghouse
  09/26/17
One Weird Trick: write "ASSUME THERE'S A TIME MACHINE&q...
Twinkling brunch turdskin
  09/26/17
this is what i'm looking for
big meetinghouse
  09/26/17
So what do you do just add like 21 years the longest possibl...
mildly autistic hideous lay boistinker
  09/26/17
Here is what my 1L Property outline says: a) Rule against...
Maroon Passionate Church Building Affirmative Action
  09/26/17
180
big meetinghouse
  09/26/17
Haha I forgot about the fertile octogenarian rule. Now relev...
Twinkling brunch turdskin
  09/26/17
i've never even seen that rule in any outline until now
big meetinghouse
  09/26/17
dood it's stock what shithole do you go to
Dark house-broken casino jap
  09/26/17
uga
big meetinghouse
  09/26/17
yeah, yale here *rolls eyes* don't be a nigger and fake self...
Dark house-broken casino jap
  09/26/17
lmao
big meetinghouse
  09/26/17
...
Titillating geriatric station persian
  09/26/17
I wouldn't worry about it. You're going to law school in 20...
contagious swollen site boiling water
  09/26/17
Flame, partner in my v5 just handed me a HUGE research proje...
Twinkling brunch turdskin
  09/26/17
what's so bad about this. jfc xo is prestige obsessed
big meetinghouse
  09/26/17
So is the law, which is majestic btw
Twinkling brunch turdskin
  09/26/17
...
big meetinghouse
  09/26/17
ed
trip ebony voyeur
  09/26/17
From my spring '03 outline: THE RULE AGAINST PERPETUITIES...
thriller startled nursing home candlestick maker
  09/26/17
180
big meetinghouse
  09/26/17
ty ty
thriller startled nursing home candlestick maker
  09/26/17


Poast new message in this thread



Reply Favorite

Date: September 26th, 2017 7:36 AM
Author: big meetinghouse



(http://www.autoadmit.com/thread.php?thread_id=3744328&forum_id=2#34298418)



Reply Favorite

Date: September 26th, 2017 7:39 AM
Author: stimulating locale sandwich

It's probably abolished or severely curtailed by statute in your jurisidiction. In any case, almost no one encumbers real property with the kinds of conditions found in exam hypos.

(http://www.autoadmit.com/thread.php?thread_id=3744328&forum_id=2#34298425)



Reply Favorite

Date: September 26th, 2017 7:42 AM
Author: big meetinghouse

this is for a midterm mock exam

(http://www.autoadmit.com/thread.php?thread_id=3744328&forum_id=2#34298430)



Reply Favorite

Date: September 26th, 2017 9:55 AM
Author: 180 Psychic Quadroon



(http://www.autoadmit.com/thread.php?thread_id=3744328&forum_id=2#34298978)



Reply Favorite

Date: September 26th, 2017 7:53 AM
Author: Dark house-broken casino jap

just take the hit and lose 2 points not fucking worth it

(http://www.autoadmit.com/thread.php?thread_id=3744328&forum_id=2#34298440)



Reply Favorite

Date: September 26th, 2017 7:54 AM
Author: big meetinghouse

did anyone here make good grades wtf

(http://www.autoadmit.com/thread.php?thread_id=3744328&forum_id=2#34298443)



Reply Favorite

Date: September 26th, 2017 7:59 AM
Author: Dark house-broken casino jap

never had to worry went into family's firm but yeah, some poasters back in day gave a shit but they're like, getting ready for another vault day and won't answer this q

(http://www.autoadmit.com/thread.php?thread_id=3744328&forum_id=2#34298456)



Reply Favorite

Date: September 26th, 2017 8:03 AM
Author: big meetinghouse

well they need to fucking answer it

(http://www.autoadmit.com/thread.php?thread_id=3744328&forum_id=2#34298475)



Reply Favorite

Date: September 26th, 2017 8:19 AM
Author: Swashbuckling pistol

also, after a couple of years out (maybe even months) you forget all that shit.

(http://www.autoadmit.com/thread.php?thread_id=3744328&forum_id=2#34298553)



Reply Favorite

Date: September 26th, 2017 8:20 AM
Author: big meetinghouse

sad

(http://www.autoadmit.com/thread.php?thread_id=3744328&forum_id=2#34298558)



Reply Favorite

Date: September 26th, 2017 8:26 AM
Author: Dark house-broken casino jap

that life takes over and archaic law doesn't matter? you're one of those that thinks a jd is life. fuck that epic faggotry. you gonna add esq to your name too?

(http://www.autoadmit.com/thread.php?thread_id=3744328&forum_id=2#34298580)



Reply Favorite

Date: September 26th, 2017 10:00 AM
Author: big meetinghouse

i hope we're still friends

(http://www.autoadmit.com/thread.php?thread_id=3744328&forum_id=2#34299020)



Reply Favorite

Date: September 26th, 2017 9:55 AM
Author: 180 Psychic Quadroon

*minutes

(http://www.autoadmit.com/thread.php?thread_id=3744328&forum_id=2#34298985)



Reply Favorite

Date: September 26th, 2017 8:00 AM
Author: Twinkling brunch turdskin

A future interest must vest, if at all, within 21 years of some life in existence at the time of the grant.

Any life counts, and life begins at conception.

Only applies to contingent remainders and executory interests not FSD with possibility of reverter so first step is to determine if there's a future interest in a third party (not the grantor).

If so, figure out whether it can vest more than 21 yrs from some life in existence at time of grant.

If so, strike that portion of the grant and determine what type of insterest you have.

(http://www.autoadmit.com/thread.php?thread_id=3744328&forum_id=2#34298463)



Reply Favorite

Date: September 26th, 2017 8:03 AM
Author: big meetinghouse

180 this is good

(http://www.autoadmit.com/thread.php?thread_id=3744328&forum_id=2#34298473)



Reply Favorite

Date: September 26th, 2017 8:04 AM
Author: Dark house-broken casino jap

this is a verbatim stock explanation. one would assume op needed some dumbed down explanation. literally anyone can poast this. why not just throw the stock possession in there as well?

(http://www.autoadmit.com/thread.php?thread_id=3744328&forum_id=2#34298476)



Reply Favorite

Date: September 26th, 2017 8:05 AM
Author: big meetinghouse

an easy example or one weird trick would be good

(http://www.autoadmit.com/thread.php?thread_id=3744328&forum_id=2#34298482)



Reply Favorite

Date: September 26th, 2017 9:49 AM
Author: Twinkling brunch turdskin

One Weird Trick: write "ASSUME THERE'S A TIME MACHINE" at top of every answer.

(http://www.autoadmit.com/thread.php?thread_id=3744328&forum_id=2#34298949)



Reply Favorite

Date: September 26th, 2017 9:52 AM
Author: big meetinghouse

this is what i'm looking for

(http://www.autoadmit.com/thread.php?thread_id=3744328&forum_id=2#34298961)



Reply Favorite

Date: September 26th, 2017 9:22 AM
Author: mildly autistic hideous lay boistinker

So what do you do just add like 21 years the longest possible life span? So like 131 years? Then how do you determine if it will vest by then.

Edit after example below: So really you assume everyone could die tomorrow, essentially making it 21 years?

(http://www.autoadmit.com/thread.php?thread_id=3744328&forum_id=2#34298797)



Reply Favorite

Date: September 26th, 2017 8:04 AM
Author: Maroon Passionate Church Building Affirmative Action

Here is what my 1L Property outline says:

a) Rule against perpetuities ¡V life in being plus 21 years (approximately 90 years)

i) Whoever has life estate when clock runs gets fee simple

This is from my bar study outline:

4) The Rule Against Perpetuities (RAP)

a) Certain interests are void if they vest more than 21 years after death of measuring life

i) Four Step Process for RAP

(1) What future interests have been created?

(a) RAP only applies to contingent remainders, executor interests, and certain vested remainders subject to open

(b) RAP does NOT apply to any future interest in the grantor, indefeasibly vested remainders, nor vested remainders subject to complete defeasance

(2) Indentify the Conditions Precedent to the vesting the suspect future interest.

(3) Find a measuring Life

(a) Look for someone both alive at the date of the conveyance AND whose death is relevant to the condition¡¦s occurrence

(4) Will you know, with certainty, w/in 21 years of the death of the measuring life, if our future interest holders can or cannot take?

(a) Any possibility, however remote, then you violate RAP

ii) E.g. O to A for life, then to the first of her children to reach the age of 30. A is 70. Her only child, B, is 29.

(1) Fails RAP because B could die now, A could have a baby, and then die in childbirth. Baby won¡¦t reach 30 before 21 years after A¡¦s death, but if B lives, he would take, so this violates RAP because we might not know 21 years from A¡¦s death who will take.

(a) Fertile Octogenarian Rule „³ old people can still have babies

(b) RAP is miserable „³ it asks the worst case scenarios

iii) What happens when you fail RAP?

(1) Remainder is VOID, leaving A with a life estate and O with a reversion



(http://www.autoadmit.com/thread.php?thread_id=3744328&forum_id=2#34298477)



Reply Favorite

Date: September 26th, 2017 8:06 AM
Author: big meetinghouse

180

(http://www.autoadmit.com/thread.php?thread_id=3744328&forum_id=2#34298486)



Reply Favorite

Date: September 26th, 2017 8:06 AM
Author: Twinkling brunch turdskin

Haha I forgot about the fertile octogenarian rule. Now relevant mostly in Meximerica's Healthcare debate, of course.

(http://www.autoadmit.com/thread.php?thread_id=3744328&forum_id=2#34298487)



Reply Favorite

Date: September 26th, 2017 8:14 AM
Author: big meetinghouse

i've never even seen that rule in any outline until now

(http://www.autoadmit.com/thread.php?thread_id=3744328&forum_id=2#34298535)



Reply Favorite

Date: September 26th, 2017 8:17 AM
Author: Dark house-broken casino jap

dood it's stock what shithole do you go to

(http://www.autoadmit.com/thread.php?thread_id=3744328&forum_id=2#34298544)



Reply Favorite

Date: September 26th, 2017 8:18 AM
Author: big meetinghouse

uga

(http://www.autoadmit.com/thread.php?thread_id=3744328&forum_id=2#34298550)



Reply Favorite

Date: September 26th, 2017 8:20 AM
Author: Dark house-broken casino jap

yeah, yale here *rolls eyes* don't be a nigger and fake self out to rhetorical

(http://www.autoadmit.com/thread.php?thread_id=3744328&forum_id=2#34298559)



Reply Favorite

Date: September 26th, 2017 9:13 AM
Author: big meetinghouse

lmao

(http://www.autoadmit.com/thread.php?thread_id=3744328&forum_id=2#34298771)



Reply Favorite

Date: September 26th, 2017 9:21 AM
Author: Titillating geriatric station persian



(http://www.autoadmit.com/thread.php?thread_id=3744328&forum_id=2#34298792)



Reply Favorite

Date: September 26th, 2017 9:39 AM
Author: contagious swollen site boiling water

I wouldn't worry about it. You're going to law school in 2017, which means:

A) You will have a shit job no matter what you do so grades don't matter.

B) Your shit job won't involve archaic property law.

C) You will never have a positive net worth, so you won't have to worry about the legalities of passing on your own property.

D) You'll die of a stress induced heart attack in your 40's, so nobody is using you as a measuring life.

(http://www.autoadmit.com/thread.php?thread_id=3744328&forum_id=2#34298906)



Reply Favorite

Date: September 26th, 2017 9:48 AM
Author: Twinkling brunch turdskin

Flame, partner in my v5 just handed me a HUGE research project on the Rule of Dumpor's Cave, could have Shelly's case implications too.

(http://www.autoadmit.com/thread.php?thread_id=3744328&forum_id=2#34298944)



Reply Favorite

Date: September 26th, 2017 9:51 AM
Author: big meetinghouse

what's so bad about this. jfc xo is prestige obsessed

(http://www.autoadmit.com/thread.php?thread_id=3744328&forum_id=2#34298958)



Reply Favorite

Date: September 26th, 2017 9:52 AM
Author: Twinkling brunch turdskin

So is the law, which is majestic btw

(http://www.autoadmit.com/thread.php?thread_id=3744328&forum_id=2#34298960)



Reply Favorite

Date: September 26th, 2017 9:53 AM
Author: big meetinghouse



(http://www.autoadmit.com/thread.php?thread_id=3744328&forum_id=2#34298966)



Reply Favorite

Date: September 26th, 2017 9:54 AM
Author: trip ebony voyeur

ed

(http://www.autoadmit.com/thread.php?thread_id=3744328&forum_id=2#34298974)



Reply Favorite

Date: September 26th, 2017 9:59 AM
Author: thriller startled nursing home candlestick maker

From my spring '03 outline:

THE RULE AGAINST PERPETUITIES

”No interest is good unless it must vest, if not at all, no later than 21 years after some life in being at the creation of the interest”

This means a life in existence (and specified in document) at the time of the conveyance, and an additional 21 years.

This will be judged at the time it is created.

“to A for life, remainder to the first son of A whenever born who becomes a clergyman”

Son of A is measuring life. A is measuring life, then 21 years, not necessarily. Conveyance no good.

THE RAP APPLIES TO:

 Contingent remainders? YES

 Vested remainders? NO

 Reversion? NO

 Exectory Interests? YES

 Options to purchase land? Maybe

- Options as part of a lease? (cheater book says no). – Options not as a part of a lease? (cheater book says yes)

Special situations

 Fertile Octogenerian

Everybody is fertile, no matter what science says

“to A for life, then to A’s surviving children for life, then to the surviving children of B”

B is 80 at time of conveyance.

A is alive at time of creation of interest.

A’s children are alive, fine.

B has 3 surviving children, is 80, but could still have children. Class rules – if one is not good, they all fail.

 Unborn Widow

“to A for life, then to A’s widow, then to the issue of A and A’s widow who survive them”

A is alive, fine.

A could remarry someone born after the creation of interest, then that breaks rule because it widow is a measuring life.

 Class Gifts

If one is bad, they are all bad.

This is triggered if there could be people added to the class.

“ to A, then to A’s surviving children who attain the age of 25.”

At time of interest, A has 2 children. B and C.

D, third child born after interest, would not necessarily reach age 4 (to satisfy 21 years) at death of A, both B and C’s interest is destroyed.

If they are also identified by name, “my three children”, or A, B, and C, it is not a class gift.

 “Wait and See” statutes.

Many states reject this above common law rule, and just see if the thing vests or not, the chance that the thing will not vest is not considered.

This rule smokes Unborn widow and Fertile Octogenerian situations.



(http://www.autoadmit.com/thread.php?thread_id=3744328&forum_id=2#34299013)



Reply Favorite

Date: September 26th, 2017 10:01 AM
Author: big meetinghouse

180

(http://www.autoadmit.com/thread.php?thread_id=3744328&forum_id=2#34299026)



Reply Favorite

Date: September 26th, 2017 10:16 AM
Author: thriller startled nursing home candlestick maker

ty ty

(http://www.autoadmit.com/thread.php?thread_id=3744328&forum_id=2#34299156)