Good Hypo

In a past year, a student asked me a very interesting hypothetical question involving the following grant: G conveys "to A for life, but if A uses the property for commercial purposes, then to B and his heirs."

What interst does A have?
What interest does B have?
What interest does G have?

Let's discuss this!

How about this one?

Suppose: Grutz conveys "to A for life, but if A moves to Europe, then Grantor shall have the right to reenter and possess the property as of his former estate."

What does A have?

What does Grantor have?

Answer:

A has a life estate subject to a condition subsequent

Grantor (Grutz) has both a reversion and a power of termination. One commentator explains that: "The interest in the Grantor is more than a reversion. The [power of termination] does not become effective automatically, but only at the will of the grantor. Therefore, the interest is best described in its two parts."

Yesterday's Last Hypo

I just want to make sure that we are all clear on this one:


4. Suppose Grutz conveys "to A for life, then to B and his heirs, but if B dies before C, then to C and his heirs."

What is the state of the title?


A has a life estate
B has a Vested Remainder Subject to Complete Defeasance in Fee Simple Absolute
C has a Shifting Executory Interest in Fee Simple Absolute


Now suppose A dies and both B and C are still alive? 


Upon A's death his life estate terminates.

B's remainder takes effect and he now has a Fee Simple Subject to an Executory Limitation
C has a Shifting Executory Interest in Fee Simple Absolute


What happens if B dies and C is still alive?

B's interest is divested because he died before C, the title thus shifts to C, who now owns Blackacre in Fee Simple Absolute.


What happens if C dies and B is still alive?


B now has a Fee Simple Absolute.

C's Executory Interest has failed (because C died before B) and thus B's Fee Simple is no longer subject to an executory limitation.

Braswell v. Braswell

James J. Braswell conveys "to Nathaniel for life, then to the heirs of his body, but if N dies without heirs of his body, the land shall revert to the Grantor or his heirs."

The doctrine of worthier title, when applied to an inter vivos conveyance of property, prefers a construction of language that would otherwise create a contingent remainder in the grantor's heirs as the retention of a reversion by the Grantor.

Thus, Grutz conveys "to B for life, then to the Grantor's heirs."

What is the state of the title without the rule?

B--life estate
G's heirs--contingent remainder

With the rule?

B--life estate
G--reversion
G's heirs--nothing

Suppose G conveys his reversion to me? What do G's heirs get on his death? Nothing: I own G's reversion in Fee Simple Absolute.

Back to Braswell.

What result if we construe the conveyance as "to Nathaniel for life, contingent remainder to his surviving descendants, but if he is not survived by descendants, reversion to the Grantor"?

Since Nathaniel survived the Grantor James Braswell (who died intestate in 1932 "leaving surviving him, as his sole heirs at law" Nathaniel and his two brothers), Nathaniel and his two brothers each inherited a 1/3 interest in the Grantor's reversion, and Nathaniel has devised his 1/3 share to Pl, Charles Braswell.

Now, what result if we construe the original conveyance as "to Nathaniel for life, contingent remainder to his surviving descendants, but if he dies without surviving descendants, then to the heirs of the Grantor who survive Nathaniel"?

Now, Nathaniel's two brothers, as the surviving heirs of James Braswell, each take 1/2 when their contingent remainder vests on Nathaniel's death "without issue" in 1952. Pl Charles Braswell takes nothing under Nathaniel's will because therre was no reversion for Nathaniel to inherit.

The Court holds that under the Doctrine of Worthier Title, the original deed creates a reversion instead of a contingent remainder in the Grantor's surviving heirs. Thus, Charles prevails in this lawsuit and gets his 1/3 share of Blackacre. See casebook at 332.

Do you see how this works?