Thus, A-H each get 1 share (8), D1 and D2 split share (1), T. Charleton’s and X, Y and Z each get 1 share (3) 3 Majority’s regrets… Henry H., H.H. and Gert Jr. are all long dead X, Y and Z are NOT even blood relatives All transfers along heirs are taxable Dissent determines that is divided into shares 9 FPI CR YES interest NOT until death of condition precedent vested surviving “last child” Thus, A-H each get 1 share (8), and D1 and D2 split share T. Charleton’s (1)… BUT, nothing for X, Y and Z (b/c Henry H., H.H. and Gert Jr. all died before surviving Henry’s “last child”) Bailey… will [W] [D] to wife for life, then to daughter to take Husband’s “… possession after the death of W. In case of death before that time, the land D’s [S].” shall pass to son D gives S quitclaim deed… then, W … dies… then, D dies, leaving X as … heir D and S had alternate CRs… X’s argument (loser) AND, depending on jurisdiction, may NOT have been CR … D’s transferable, thereby making an ineffective quitclaim deed transfer… thus, D retained which become at death, and CR, vested … would’ve W’s passed on to X (as heir)… D’s BUT, D outliving W is NOT a (so, NOT a condition precedent CR) … argument (winner) D had S had thus, D effectively VRSCD, EI… S’s transferred to S VRSCD Kropp… H reserves ambiguous 2 possible life estate, FPI interpretations… [W] then to wife if she survives H. If not, then to the Personal “… [PRE].” Representative of estate alternate CRs H’s then to W. If W dies before H, then to VRSCD/EI “… PRE.” W dies (leaving S as heir) before H Assuming W had W did NOT survive H, SO alternate CR condition did NOT thus, b/c did NOT PRE takes precedent CR vest, occur… W’s estate
Thus, A-H each get 1 share (8), D1 and D2 split T. Charleton’s share (1), and X, Y and Z each get 1 share (3) Majority’s 3 regrets… Henry H., H.H. and Gert Jr. are all long dead X, Y and Z are NOT even blood relatives All transfers along heirs are taxable Dissent determines that FPI is CR divided into 9 shares YES condition precedent interest NOT vested until death of “last surviving child” Thus, A-H each get 1 share (8), and D1 and D2 split T. Charleton’s share (1)… BUT, nothing for X, Y and Z (b/c Henry H., H.H. and Gert Jr. all died before Henry’s “last surviving child”) Bailey… Husband’s will “… to wife [W] for life, then to daughter [D] to take possession after the death of W. In case of D’s death before that time, the land shall pass to son [S].” D gives S quitclaim deed… … then, W dies… … then, D dies, leaving X as heir X’s argument (loser) D and S had alternate CRs… … AND, depending on jurisdiction, D’s CR may NOT have been transferable, thereby making quitclaim deed an ineffective transfer… … thus, D retained CR, which would’ve become vested at W’s death, and passed on to X (as D’s heir)… … BUT, D outliving W is NOT a condition precedent (so, NOT a CR) S’s argument (winner) D had VRSCD, S had EI… thus, D effectively transferred VRSCD to S Kropp… H reserves life estate, FPI ambiguous 2 possible interpretations… “… then to wife [W] if she survives H. If not, then to the Personal Representative of H’s estate [PRE].” alternate CRs “… then to W. If W dies before H, then to PRE.” VRSCD/EI W dies (leaving S as heir) before H Assuming W had alternate CR W did NOT survive H, SO condition precedent did NOT occur… thus, b/c W’s CR did NOT vest, PRE takes estate
Property-2_Coskran-Spring-2009.docx