to A for life, then to B, on the express condition that if the premises are “O used for other than single family residence, O has power to terminate and ambiguous as to when applies... restriction reenter” If applies at all restriction times… A (b/c could be prematurely cut short) life estate defeasible B (possessory size is which also could be VRSCD FSSCS, prematurely cut short) O PT If applies ONLY during restriction life estate… A’s A life estate defeasible B (possessory size is VRSCD FSA) If applies ONLY after restriction life estate… A’s A life estate B (possessory size is AVR FSSCS) If applies during then possible then restriction life estate, A’s B’s will NOT divest (since A could violate thereby VR restriction, allowing O to enforce PT)… BUT, if applies after then restriction life estate, VR … A’s B’s will absolutely divest (after which point, B could violate thereby allowing O to enforce restriction, PT) to A for life, then to B when B “O reaches 21” B CR O reversion Pretend ended, BUT A still alive B could NOT move in life estate (unless B were 21)… thus, condition precedent … to A for life, then to B, but if B dies under 21, then to “O C” B (possessory is VRSCD size FSSEI) C EI Pretend ended, BUT A still alive B could move in life estate (though, would lose estate if dead before 21)… thus, condition subsequent … A has one child at to A for life, then to such of children as survive “O A’s A”… the time (C) C has (NOT CR VRSPD)… b/c, even though C is and survivorship is … existing ascertained, condition (C could NOT move in if A were still alive) precedent
“O to A for life, then to B, on the express condition that if the premises are used for other than single family residence, O has power to terminate and reenter” ambiguous as to when restriction applies... If restriction applies at all times… A life estate defeasible (b/c could be prematurely cut short) B VRSCD (possessory size is FSSCS, which also could be prematurely cut short) O PT If restriction applies ONLY during A’s life estate… A life estate defeasible B VRSCD (possessory size is FSA) If restriction applies ONLY after A’s life estate… A life estate B AVR (possessory size is FSSCS) If restriction applies during A’s life estate, then possible then B’s VR will NOT divest (since A could violate restriction, thereby allowing O to enforce PT)… … BUT, if restriction applies after A’s life estate, then B’s VR will absolutely divest (after which point, B could violate restriction, thereby allowing O to enforce PT) “O to A for life, then to B when B reaches 21” B CR O reversion Pretend life estate ended, BUT A still alive B could NOT move in (unless B were 21)… … thus, condition precedent “O to A for life, then to B, but if B dies under 21, then to C” B VRSCD (possessory size is FSSEI) C EI Pretend life estate ended, BUT A still alive B could move in (though, would lose estate if dead before 21)… … thus, condition subsequent “O to A for life, then to such of A’s children as survive A”… A has one child at the time (C) C has CR (NOT VRSPD)… … b/c, even though C is existing and ascertained, survivorship is condition precedent (C could NOT move in if A were still alive)
Property-2_Coskran-Spring-2009.docx