For the purpose of this set of questions, it may be assumed that the common law Rule Against Perpetuities applies in the state where the land is located and that the state also has a statute providing that “all future estates and interests are alienable, descendible, and devisable in the same manner as possessory estates and interests.” 1. Owen was survived by Bill and by Owen’s son, Sam, who was Owen’s sole heir. Thirty years ago, Owen, owner of both Blackacre and Whiteacre, executed and delivered two separate deeds by which he conveyed the two tracts of land as follows: Blackacre was conveyed “to Alpha and his heirs so long as it is used exclusively for residential purposes, but if it is ever used for other than residential purposes, to the American Red Cross.” Whiteacre was conveyed “to Beta and his heirs so long as it is used exclusively for residential purposes, but if it is used for other than residential purposes within the next 20 years, then to the Salvation Army.” Twenty-five years ago, Owen died, leaving a valid will in which he devised all of his real estate to his brother, Bill.
