University of Kentucky Exam No. SAMPLE

INSTRUCTIONS

This examination consists of 24 multiple choice questions and two essay questions. The multiple choice questions are worth 2.5 points each for a total of 60 points. The multiple choice questions must be answered on the computer scorable answer sheet provided using a lead pencil. Enter your exam number and not your name on the answer sheet. You should spend no more than 60 minutes on this portion of the exam.

Write your answers to the essay questions in your blue books. The essay questions are worth a total of 120 points. The number of points allocated to each question indicates how much time you should spend on it. Do not write your name on any part of the exam. Write your exam number on the cover of each of your blue books and number the books consecutively. If you are handwriting, please write legibly, skip lines, and write on only one side of the page. If you are typing your exam, please double space. Start a new blue book (or page of typing paper) for each answer.

The examination is closed book. Casebooks, class notes and other materials may not be used and should not be left near your desk. Do not ask me any questions about the multiple choice questions. Be sure to budget your time carefully. No further writing will be allowed once time is called. Be sure to write your exam number on each blue book you submit.

Assume, unless instructed otherwise, that traditional common law rules, such as the destructibility of contingent remainders, the Doctrine of Merger, the Rule in Shelley's Case, the Doctrine of Worthier Title, and the Rule Against Perpetuities (RAP), are applicable. Assume that remainders are in fee simple unless they are specifically identified as remainders for life.

All academic endeavors of the students of the University of Kentucky College of Law are governed by the Honor Code. The Honor Code prohibits lying, cheating, stealing, and interference with academic pursuits. Additionally, the Honor Code places on all law students an affirmative duty to report a breach of the Code. A failure to report is itself a violation of the Honor Code.

Multiple Choice Questions (60 minutes)

NOTE: THE FOLLOWING IS A REPRESENTATIVE SAMPLE OF THE QUESTIONS THAT WERE USED ON THE FALL 1994 EXAMINATION

1. Two weeks before they are married, A and B take title to Blackacre as "tenants by the entirety." After the marriage, A conveys his interest to C.

a. A's conveyance to C is valid. B and C own the property as tenants in common.

b. A cannot convey his interest in a tenancy by the entirety. Therefore, A and B still own Blackacre as tenants by the entirety.

c. A's attempt to terminate a tenancy by the entirety converts it into a tenancy in common.

d. A and B would originally have taken Blackacre as joint tenants. However, their interest would automatically convert to a tenancy by the entirety as soon as they were married.

CORRECT ANSWER: A


2. T devised Blackacre "to H and W, husband and wife, as tenants by the entirety." Thereafter H executed a mortgage on Blackacre to M. H later divorced W, and married Y. H died without a valid will, leaving Y his widow, and sole heir. Who owns Blackacre?

a. After the divorce, W owns fee simple absolute interest in Blackacre, subject to M's mortgage on the property.

b. W and Y each own an undivided one-half interest in Blackacre as tenants in common.

c. W owns fee simple absolute interest in Blackacre because H and W became joint tenants after the divorce, with the right of survivorship taking effect upon H's death.

d. W cannot eject Y because each of them own an undivided one-half interest in Blackacre as joint tenants.

CORRECT ANSWER: B



3. O devises Blackacre "to B and until the death of C, and one year thereafter, to B's heirs." B and C died three months ago. B's daughter A has filed an action to maintain possession of the property. Who owns Blackacre?

a. B's heirs have a springing executory interest in Blackacre that will vest in possession one year after C's death.

b. A owns Blackacre because the operation of the Rule in Shelley's Case destroyed the contingent remainder in B's heirs, and created a fee simple interest in B, which was inheritable.

c. A owns Blackacre in fee simple absolute because she is B's only child.

d. B's heirs own Blackacre in fee simple absolute because their contingent remainder interest vested in possession when C died.

CORRECT ANSWER: A



4. 0 conveys Blackacre "to A's children who graduate from Howard University." At the time of the conveyance, A is expecting her third child next March. One of A's children, N, is expected to graduated from Howard next May.

a. O's present estate is a fee simple subject to executory limitation, and A's children have a springing executory interest.

b. Operation of the Rule of Convenience will close the class of A's children entitled to share in this conveyance before A's next child is born.

C. The executory interest in A's children violates RAP because it can not be determined with certainty if any of A's children will graduate from Howard University during the perpetuities period.

d. If N graduates from Howard University next May, she will own Blackacre in fee simple absolute.

CORRECT ANSWER: C


5. In 1974, B devised his estate in trust "to Howard University, its successors and assigns, but if the University admits students who are not people of color, then to Morehouse College."

a.Morehouse College's shifting executory interest violates RAP because the interest may vest in possession after the expiration of the perpetuities period.

b. By operation of the cy pres doctrine, Howard University retains its interest in the trust.

c. The entire trust fails, and B's heirs receive B's estate in fee simple absolute.

d. Morehouse College's shifting executory interest does not violate RAP because the Rule does not apply to this charitable conveyance.

CORRECT ANSWER: D



6. 0 conveys Blackacre "to G for life, then to H and his heirs as long as H never commits a crime on the property, otherwise, to I and her heirs.,'

a. J's executory interest violates RAP because it cannot be determined if H will commit a crime on the property during the perpetuities period.

b. RAP does not apply to this conveyance because J has a possibility of reverter which will automatically divest H of his interest in Blackacre if the condition subsequent is violated.

c. J's executory interest is valid under RAP because the condition subsequent imposes a restriction on the grantee, not on the use of the property.

d. J's executory interest is valid under RAP because it will vest or fail no later than the death of H, who is a life in being at the time of the conveyance.

CORRECT ANSWER: D