Crucial Exams

Multistate Bar Examination Practice Question

A homeowner, who resides in State A, inherited a parcel of land located in State B from their deceased relative. State A applies the common law Rule Against Perpetuities, while State B has adopted a statutory version of the Rule Against Perpetuities that includes a ‘wait-and-see’ provision. The deceased relative executed a will in State A that purported to create a contingent remainder involving the parcel of land, which would benefit the homeowner’s grandchild if certain conditions were met within 25 years. The grandchild, however, is not yet born. A dispute arises among the heirs about whether the contingent remainder is valid. Which state’s law governs the determination of the validity of the contingent remainder?

  • The choice of law provision in the will determines whether State A or State B law applies to the contingent remainder.

  • The law of State A, where the will was executed, governs the validity of the contingent remainder.

  • The law of State B, where the parcel of land is located, governs the validity of the contingent remainder.

  • The law of the homeowner’s domicile in State A governs the validity of the contingent remainder.

Multistate Bar Examination
Real Property
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