Distinguish Remainders from Executory Interests

Question 1

What is an executory interest?

Answer 1

future interest created in a transferee (a 3rd party), which is not a remainder and which takes effect by either cutting short some interest in another person (“shifting”) or in the grantor or his heirs (“springing”)

Question 2

Shifting Executory Interest

Answer 2

always follows a defeasible fee and cuts short someone other than the grantor
Example: “To A and her heirs, but if B returns from Canada sometime next year, to B and his heirs.”

Question 3

Springing Executory Interest

Answer 3

cuts short the grantor’s interest

Example: O conveys, “To A, if and when he marries.” A is unmarried