Chapter 8 Flashcards
Which kind of executory interest divests the grantor?
Springing executory interest.
Which kind of executory interest follows a grantee?
Springing executory interest.
State the complete name of every interest held by someone. Where the conveyance contains an executory interest, distinguish between shifting and springing executory interest.
O to A: however, if B obtains her Ph.D., then to B and her heirs.
A: possessory estate in fee simple subject to a executory limitation.
B: shifting possessory interest in fee simple absolute.
State the complete name of every interest held by someone. Where the conveyance contains an executory interest, distinguish between shifting and springing executory interest.
O to A for life, then to A’s oldest child for life, provided that if A or A’s oldest child should join a cult during either of the life estates, then to C for life. (A has one child B.)
A: possessory estate in life estate subject to a executory limitiation.
B: vested remainder in life estate subject to a executory limitation.
C: shifting executory interest in life estate.
O: reversion in fee simple absolute.
State the complete name of every interest held by someone. Where the conveyance contains an executory interest, distinguish between shifting and springing executory interest.
O to A when A reaches 30. (A is 16)
O: possessory estate in fee simple subject to a executory limitation.
A: springing executory interest in fee simple absolute.
State the complete name of every interest held by someone. Where the conveyance contains an executory interest, distinguish between shifting and springing executory interest.
O “to my brother if and when he survives his wife.”
O: possessory estate in fee simple subject to a executory limitation.
O’s brother: springing executory interest in fee simple absolute.
State the complete name of every interest held by someone. Where the conveyance contains an executory interest, distinguish between shifting and springing executory interest.
O to A for life, then to B, on the condition that B never uses illegal drugs, and if B uses illegal drugs, then his interest will cease and be replaced by an estate to C and her heirs.
A: possessory estate in life estate.
B: vested remainder (subject to divestment) in fee simple. subject to a executory limitation.
C: shifting executory interest in fee simple absolute.
State the complete name of every interest held by someone. Where the conveyance contains an executory interest, distinguish between shifting and springing executory interest.
T devises “to A for life, then to B, but if B should ever use the property as a rental, then to C.”
A: possessory estate in life estate.
B: vested remainder in fee simple subject to a executory limitation.
C: shifting executory interest in fee simple absolute.
State the complete name of every interest held by someone. Where the conveyance contains an executory interest, distinguish between shifting and springing executory interest.
O to A for 2 years, then to B if B clears the property of all the garbage A leaves behind.
A: possessory estate in term of years.
O: reversion in fee simple subject to a executory limitation.
B: springing executory interest in fee simple absolute.
State the complete name of every interest held by someone. Where the conveyance contains an executory interest, distinguish between shifting and springing executory interest.
O to A for life, then to B and her heirs if B probates A’s estate.
A: possessory estate in life estate.
O: reversion in fee simple subject to a executory limitation.
B: springing executory interest in fee simple absolute.
State the complete name of every interest held by someone. Where the conveyance contains an executory interest, distinguish between shifting and springing executory interest.
O to A for life, then one day later, to C and his heirs.
A: possessory estate in life estate.
O: reversion in fee simple subject to a executory limitation.
B: springing executory interest in fee simple absolute.
State the complete name of every interest held by someone. Where the conveyance contains an executory interest, distinguish between shifting and springing executory interest.
O to A for life, then to A’s youngest son for life until he ceases to use the property for his primary residence. (A has two sons)
A: possessory estate in life estate.
A’s youngest son: contingent remainder in life estate determinable ( the holder is unascertained because A might have more children).
O: reversion in fee simple absolute.
State the complete name of every interest held by someone. Where the conveyance contains an executory interest, distinguish between shifting and springing executory interest.
O to A for 10 years, then to B, provided that B never allows a meeting of the Green Party to occur on the property.
A: possessory estate in term of years.
B: vested remainder in fee simple subject to a condition subsequent.
O: right of entry in fee simple absolute.
State the complete name of every interest held by someone. Where the conveyance contains an executory interest, distinguish between shifting and springing executory interest.
O to A for life, then to B if B delivers a eulogy at A’s funeral.
A: possessory estate in life estate.
B: springing executory interest in fee simple absolute.
