Chapter 6

Question 1

If the future interest following a fee simple determinable is in a second grantee, what is it called?

Answer 1

Executory interest

Question 2

What do we call the future interest following a fee simple subject to an executory limitation?

Answer 2

Executory interest

Question 3

What do we call a second grantee’s future interest when it follows a conveyance like “to A and her heirs until B retires from the Army”?

Answer 3

Executory interest

Question 4

To whom does an executory interest belong?

Answer 4

A grantee

Question 5

Distinguish between an executory interest and a right of entry or possibility of reverter.

Answer 5

An executory interest is a future interest held by a grantee, while a right of entry or possibility of reverter is a future interest retained by the grantor.

Question 6

What are the common words of temporal limitation that signal a determinable estate followed by an executory interest?

Answer 6

Until, while, during, so long as

Question 7

What are the common words of express condition that signal an estate followed by an executory limitation (followed by an executory interest)?

Answer 7

But if, however, on condition that, provided that

Question 8

Does an executory interest take effect automatically upon the happening of the condition?

Answer 8

Yes

Question 9

What do you call a second grantee’s future interest that follows a life estate determinable?

Answer 9

Remainder

Question 10

Of the future interests following an estate with an added limitation, which is the only one that does not operate automatically upon the happening of the condition?

Answer 10

Right of entry

Question 11

What is the state of the title?

O to A and is heirs, but if A does not graduate college, then to B.

Answer 11

O to A and is heirs, | but if A does not graduate college, then to B. |

A: possessory estate in fee simple subject to executory limitation

B: executory interest in fee simple absolute

Question 12

What is the state of the title?

O to A while being used as a farm.

Answer 12

O to A while being used as a farm. |

A: possessory estate in fee simple determinable

O: possibility of reverter in fee simple absolute

Question 13

What is the state of the title?

O to A and her heirs until no longer used for a church, then to B.

Answer 13

O to A and her heirs until no longer used for a church, | then to B.

A: possessory estate in fee simple determinable

B: executory interest in fee simple absolute

Question 14

What is the state of the title?

O to A for life.

Answer 14

O to A for life. |

A: possessory estate in life estate

O: reversion in fee simple absolute

Question 15

What is the state of the title?

O to A and her heirs; | however, if used for a pool hall, then to B and his heirs.

Answer 15

O to A and her heirs; ** | **however, if used for a pool hall, then to B and his heirs. |

A: possessory estate in fee simple subject to an executory limitation

B: executory interest in fee simple absolue

Question 16

What is the state of the title?

O to A and her heirs, provided that the land is always farmed.

Answer 16

O to A and her heirs; | provided that the land is always farmed. |

A: possessory estate in fee simple subject to a condition subsequent

O: right of entry in fee simple absolute

Question 17

What is the state of the title?

O to A, on the condition that the land is always used as a church, but if not, then to B.

Answer 17

O to A, | on the condition that the land is always used as a church, but if not, then to B. |

A: possessory estate in fee simple subject to an executory limitation

B: executory interest in fee simple absolute

Question 18

What is the state of the title?

O to A and heirs of his body

Answer 18

O to A and heirs of his body. |

A: possessory estate in fee tail

O: reversion in fee simple absolute

Question 19

What is the state of the title?

O to A for the life of B

Answer 19

O to A for the life of B. |

A: possessory estate in life estate pur autre vie

O: reversion in fee simple absolute

Question 20

What is the state of the title?

O to A, but if A cuts timber on the property, then to B and her heirs

Answer 20

O to A, | but if A cuts timber on the property, then to B and her heirs. |

A: possessory estate in fee simple subject to an executory limitiation

B: executory interest in fee simple absolute

Question 21

What is the state of the title?

O to A for life; however, if A rents the property, then to B and his heirs

Answer 21

O to A for life; | however, if A rents the property, then to B and his heirs. |

A: possessory estate in fee simple subject to an executory limitiation

B: executory interest in fee simple absolute

O: reversion in fee simple absolute [O has a reversion because if A doesn’t rent the property, B’s future interest will never become possessory, and the property will revert to O after A’s life estate.]

Question 22

What is the state of the title?

O to A for 25 years if A so long live.

Answer 22

O to A for 25 years if A so long live. |

A: possessory estate in term of years determinable

O: reversion in fee simple absolute

Question 23

What is the state of the title?

O to A for 49 years or until the land lies fallow, whichever is first, then to B

Answer 23

O to A for 49 years or until the land lies fallow, whichever is first, | then to B. |

A: possesory estate in a term of years determinable

O: vested remainder in fee simple absolute

Question 24

What is the state of the title?

O to A for life, then to B

Answer 24

O to A for life, | then to B. |

A: possessory estate in life estate

B: vested remainder in fee simple absolute

Question 25

What is the state of the title?

O to A and her heirs until B reaches 25, then to B

Answer 25

O to A and her heirs until B reaches 25, then to B

A: possessory estate in fee simple determinable

B: executory interest in fee simple absolute

Question 26

What is the state of the title?

O to A and her heirs; however, if B reaches 25, then to B

Answer 26

O to A and her heirs;

A: possessory estate in fee simple subject to an executory limitation

B: executory interest in fee simple absolute

however, if B reaches 25, then to B |

Question 27

What is the state of the title?

O to A for life or until B reaches 25, then to B

Answer 27

O to A for life or until B reaches 25, | then to B.

A: possessory estate in life estate determinable

B: vested remainder in fee simple absolute

O: no future interest

_{[O has no reversion because B doesn’t have to reach 25 in order to become possessory. The condition is simply one way A’s life estate can end. Whether A’s life estate ends by A’s death or by B’s 25th birthday, B’s future interest will become possessory. Even if B dies before A dies, B’s interest will becoms possessory, enjoyed by B’s heirs or devisees.]}

Question 28

What is the state of the title?

O to A and her heirs, on the condition that A does not use the property for a tavern, but if a uses the property for a tavern, then to B.

Answer 28

O to A and her heirs, | on the condition that A does not use the property for a tavern, but if a uses the property for a tavern, then to B. |

A: possessory estate in fee simple subject to an executory limitation

B: executory interest in fee simple absolute

Question 29

What is the state of the title?

O to A, provided that the city does not change the property’s zoning classification, otherwise to B

Answer 29

O to A, | provided that the city does not change the property’s zoning classification, otherwise to B. |

A: possessory estate in fee simple subject to an executory limitation

B: executory interest in fee simple absolute

Question 30

What is the state of the title?

O to A while A is attending State University, then to B

Answer 30

O to A while A is attending State University, | then to B. |

A: possessory estate in fee simple determinable

B: executory interest in fee simple absolute

Question 31

Answer client’s question.

^{“I want to have a will that leaves allof my estate, including my house, to all my children. However, one of my chiildren, Timothy, is severely disabled. If my daughter Christine is willing to care for him so that he does not have to live in an institution, I want her to be able to live with him in the house. But if the care proves to be too much for her, then I want the house to go to all the children. They can do with it what they please. Is this possible?”}

Answer 31

^{“Yes, You can give Christine a life estate to extend for as long as she is taking care of Timothy in the home. When she is no longer able to care for him in the home, the possessory estate would pass to all of your children, and they would be able to sell or rent the property. A life estate wouldgive Christine sufficient control over the house so that she would not have to involve the rest of the family in maintenace, repairs, or routine remodeling. However, she wouldn’t be able to do things that would significantly decrease the value of the property in the future. That way, everyone’s interests would be protected. The formal name for Christine’s estate would be possessory estate in life estate determinable (or subject to an executory limitiation, depending on how we phrase it). The formal name for the future interest given to all the children together would be an executory interest in fee simple absolute.”}

Question 32

Answer client’s question.

^{“My church needs to expand, and I own property right next door. I don’t need it anymore, and I’d like to donate the property to the church for as long as the church needs the space. If the church ever doesn’t need the space, I’d like the property to go to the Bibb County Library. How can this be arranged?”}

Answer 32

^{“You can convey to the church what’s called a fee simple determinable and convey to the Bibb County Library a future interest called an executory interest. You’ll have to decide exactly what limitation to put on the church. For instance, do you want the possessory estate to go to the Library if the church stops using the land for worship, religious education, and fellowship, or would you still want the church to be able to ‘use’ the property by renting it out and collecting the proceeds? As soon as you decide what limitation you want to place on the church, we can draft a conveyance that will do exactly what you wish.”}

Question 33

Answer client’s question.

^{“My parents’ wills devised their farm to my brother Jim. The will said this: ‘We give the farm to Jim as long as he farms the property. If he ever stops farming the property, we give it to our daughter, Janice.’ Jim was in a car accident, he is now permanently disabled. He can no longer farm the land. Who owns the farm now? If I own it, what happens if I don’t farm it?”}

Answer 33

^{” The will gave Jim a fee simple determinable and gave you an executory interest in fee simple absolute. This means that if Jim stops farming the land, even if it is for a good reason, his possessory estate automatically ends and you automatically become the owner. The way the will is worded, you have no limitation on your ownership. That means you do not have to farm the land. A fee simple owner can sell the land, rent it, give it away, let it lie fallow, develop it, farm it, or use it in any other lawful way…”}