Spring Semester 2013
Rules Restricting Contingent Future Interests and the Rule Against Perpetuities
Pages 306-307, 310-330
1. Work through the problems in note 3 on page 315, note 2 on pages 317-318, and note 6 on pages 325-326.
2. Can you explain why the testator's gift to the great-grandchildren in Abrams v. Templeton violated the Rule Against Perpetuities under the traditional "what might happen" test?
3. Why should the court in Abrams v. Templeton rewrite the terms of the testator's will? Why not apply the RAP "remorselessly" so that future drafters get the message to draft with greater care and precision?
4. How are an option and a right of first refusal different? Does the difference matter in terms of applying the RAP? Does the "preemptive right" in the Hensley-O'Neal case have the effect of unreasonably restraining the alienability of the land? Why or why not? Do you agree with the result? How would the case have been resolved under the Uniform Statutory Rule Against Perpetuities?