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)

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)

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)

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)

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)