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8. Title to Greenacre now is in
Shortly thereafter the friend died, survived by the owner, the hospital, and the daughter.
Subsequently, the uncle died, devising all of his estate to a hospital. The uncle was survived by his daughter, his sole heir-at-law.
The owner of Greenacre owned the land in fee simple. By warranty deed he conveyed Greenacre to a friend for life, «and from and after the death of my friend to my uncle, his heirs and assigns.»
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An estate for life is an estate that is not terminable at any fixed or computable period of time, but cannot last longer than the life or lives of one or more persons. A life tenant has a duty not to «waste» the land. A tenant for life is entitled to all the ordinary uses and profits of the land, but he cannot lawfully do any act that would injure the interests of the person who owns the remainder or the reversion. If he does, the future interest holder may sue for damages and/or enjoin such acts.
A vested remainder is the absolute right to receive title when a presently-existing interest in real property ends. It is certain to transfer after the existing interest expires and is not dependent on any conditions or other events occurring.
There are two types of vested remainders: (i) those that are simply vested in one person or class; and (ii) those that are vested in a class whose members may not yet be fully discernible, referred to as a vested remainder «subject to open» (sometimes called «subject to partial divestment» or «subject to partial defeasance»).
B is correct. It is important to determine what interest each party holds before attempting to answer a question of this type. The facts indicate that the friend has a life estate, the uncle has a vested remainder, and his heirs and assigns have a vested remainder subject to open. A vested remainder subject to open occurs when there is a vested remainder created in a class of persons, but it is subject to diminution by reason of other persons becoming entitled to share in the remainder. The owner retained no interest in the property.
A is incorrect. A contingent remainder is an interest in real estate property that will go to a person or entity only upon the existence of a certain set of circumstances at the time the titleholder dies. It is a future property ownership right that depends upon the fulfillment of specific conditions. If the specified conditions are not met, the remainder never takes effect. In this question, there are no contingent remainders. The uncle's heirs had a vested remainder subject to open, which the uncle then transmitted to the hospital.
C is incorrect. The daughter is the uncle's heir, but his heirs are irrelevant because the uncle made a will before he died. A person will only have heirs when they die intestate, i.e., without a will. The uncle devised his entire estate to the hospital, so the daughter will not inherit any interest in Greenacre.
D is incorrect. As explained above, no one held a contingent remainder. The uncle had a vested remainder and his heirs had a vested remainder subject to open.