Bar Exam — MBE (Multistate Bar Exam)Real PropertyMedium
A landowner conveyed Blackacre 'to my son, John, for life, then to the heirs of my daughter, Mary.' At the time of the conveyance, Mary was alive and had two children, Alice and Bob. John subsequently died. Mary is still alive. Who has the right to possess Blackacre?
- AAlice and Bob, as tenants in common.
- BThe heirs of John, as remaindermen.
- CThe landowner's estate, due to a reversion.
- DMary, as the life tenant.
Show answer & explanationAnswer & explanation
Correct answer: C. The landowner's estate, due to a reversion.
This scenario involves the Rule in Shelley's Case and the Doctrine of Worthier Title. Because the grant is 'to the heirs of my daughter, Mary,' and Mary is still alive, her heirs are unascertainable, leading to a reversion to the grantor's estate.
Why the other options are wrong
- A. Alice and Bob cannot be considered heirs while Mary is alive, as heirs are determined at the death of the ancestor. This is a common misconception regarding future interests.
- B. John had a life estate, which terminated upon his death. His heirs have no interest in Blackacre under this conveyance.
- D. Mary was not granted a life estate; John was. The grant to 'heirs of Mary' does not create an interest in Mary herself, especially while she is alive.
Doctrine of Worthier Title
A common law doctrine that prevents a grantor from creating a remainder in his own heirs; instead, it is presumed the grantor intended to retain a reversion.
- Applies when a grantor conveys an interest to his own heirs.
- Converts a remainder to the grantor's heirs into a reversion in the grantor.
- Largely abolished or modified in modern law, but relevant for older conveyances or MBE questions.
Memory trick: Future interests are like time travelers, knowing their place in the property's journey.