Estates and Future Interests Flashcards
What are the names used to refer to the parties in a transfer by deed?
“Grant” or “conveyance,” “grantor,” and “grantee”
What are the names used to refer to the parties in a transfer by will?
“Devise,” “testator/testatrix,” and “devisee”
What is the name used to refer to the recipient of an
intestate succession?
“Heir” and “to descend”
Distinction between “words of limitation” and “words of purchase”
Describing the estate v. describing the recipient
O conveys “to A for life”:
“to A” are the words of purchase, “for life” are the words of limitation
What are the two distinctive features of the fee simple absolute?
The first is the heritability characteristic. This means that a landowner with a fee simple absolute interest can pass the land to his heirs at death. The second is the alienability characteristic. While alive, a landowner with a fee simple absolute interest can sell, control, give, or exclude others from the land.
Does this create a fee simple?: O conveys “to B and his heirs forever”
Yes
Does this create a fee simple?: O devises “to C for life”
No
Does this create a fee simple?: O conveys “to D for ten years”
No
What are the two types of life estate based on how we
measure its duration?
Ordinary life estate & Pur autre vie
What future interest follows: O conveys “to A for life”
The grantor: A reversion
What future interest follows: O conveys “to B for life, then to C”
A remainder
What are the estates and future interests created?
O conveys “to G for as long as G lives”
G receives a life estate (ordinary)
O receives a reversion
What are the estates and future interests created?
O conveys “to B until he dies”
B receives an ordinary life estate
O receives a reversion
What are the estates and future interests created?
O devises “to C for life, then to X”
B receives an ordinary life estate
X receives a remainder
What are the estates and future interests created?
O conveys “to D for 200 years”
Term of years
What are the estates and future interests created?
O devises “to E for life, then to Z for life”
E Ordinary life estate
Z Remainder, Remainder to O’s heirs
What are the estates and future interests created?
O conveys “to F for life.” F then conveys her interest “to Google, Inc”
F Ordinary life estate
Reversion to O
Does this create a fee simple?: “E and her heirs, provided that E marries”
No.
Fee simple defeasible. If there is a condition, that’s not a fee simple absolute.
Does this create a fee simple?: O conveys to “F, my pet cat”
No - cannot convey an estate to a non-human animal.
Under the common law, what constituted waste?
Anything that changed the identity of the property
What type of fee tail?: O conveys “to G and the male heirs of his/her body”
Fee tail male
What type of fee tail?: O conveys “to G and the female heirs of his/her body”
Fee tail female
What type of fee tail?: O conveys “to G and the heirs of her body by R”
Fee tail special
O conveys “to B and the heirs of his body”
Fee tail in B, Reversion to O
O devises “to C and her children”
Fee simple absolute
O conveys “to D and the children of his body”
Fee simple absolute
O conveys “to E and heirs”
Fee simple absolute
O conveys “to A so long as the property is used as a gym”
Fee Simple Determinable
O conveys “to A but if the property is ever used as a farm, O has the right to re-enter and reclaim the property”
Fee Simple Subject to a Condition Subsequent
O conveys “to A but if the property is ever used as a farm, then to B”
Fee Simple Subject to an Executory Limitation
O conveys “to D for life, then to M and her heirs but if the well stops providing water, then to Z” What is M’s interest?
Vested remainder, subject to divestment in a fee simple subject to an executory limitation
How do we define a “reversion”?
“[T]he future interest remaining in the transferor when she grants a vested estate of lesser quantum”
O conveys to A for life, then to B. What is B’s future interest?
Indefeasibly vested remainder
O conveys “to B for life, then to D, but if D does not survive B, then to E” What is D’s future interest?
Vested Remainder Subject to Divestment (condition subsequent)
O conveys “to B for life, then to D’s children” D is alive and already has children. What is the future interest?
Vested remainder subject to open
What is the estate and future interest? O conveys to B and his heirs so long as the land is not used as a night club.
1) B has a fee simple determinable
2) O has a possibility of reverter
What is the estate and future interest? O conveys to C and her heirs, but if Boston becomes a state, O’s heirs have right to re-entry.
1) C has a FSSEL
2) O’s heirs have an executory interest (shifted)
What is the estate and future interest? O conveys to D for life, then to M and her heirs while the well continues to provide water.
1) D has an ordinary life estate
2) M has a remainder (contingent), then FSD
3) O has a possibility of reverter
What is the estate and future interest? O conveys to E and her heirs provided that alcohol is never served on the premises.
1) E has an FSSCS
2) O has a right of re-entry
What is the estate and future interest? O conveys to the church provided the land is used as a church, then to Google.
1) The church has a FSSEL
2) Google has executory interest (shifted)
What is the estate and future interest? O devises to C, but if C ever drinks, then to B
1) C has an FSSEL
2) B has an executory interest
3) O has nothing
What is the estate and future interest? O conveys to D for 6 months.
1) D has a term of years
2) O has a reversion
What is the estate and future interest? O conveys to E for so long as the land is used as a library
1) E has an FSD
2) O has possibility of reverter
What is the estate and future interest? O conveys to F for life, then to G for life
1) F has a life estate
2) G has an indefeasibly vested remainder in a life estate
3) O would have a reversion
What is the estate and future interest? O conveys to A for life, then to B
1) A has a life estate
2) B has an indefeasibly vested remainder in a fee simple absolute
3) O has nothing
What is the estate and future interest? O conveys to G for 75 years
1) G has a term of years
2) O has a reversion
What is the estate and future interest? O conveys to C for life, then to D and his heirs if D lives to the age of 30
1) C has a life estate
a) O has a reversion if D dies before 30
2) D has a contingent remainder in a fee simple absolute
a) O has nothing if D lives to 30
b) D has to make it to 30 before C dies
What is the estate and future interest? O conveys to G and her heirs so long as alcohol is not served on the land
1) G has an FSD
2) O has a possibility of reverter
What is the estate and future interest? O conveys to A on May 20, 2021
1) O has FSSEL
2) A has a springing executory interest
What is the estate and future interest? O conveys to A for life, then to B and her heirs, but if B does not survive A, then to C and her heirs
1) A has a life estate
2) B has an indefeasibly vested remainder
3) C has a shifted executory interest
What is the estate and future interest? O conveys to A for life, then one year after A dies, to B and her heirs
1) A has a life estate
2) O has a reverter, then an FSSEL
3) B has a springing executory interest
What is the estate and future interest? O devises to G for life, then to H, but if H does not survive G, then to I
1) G has a life estate
2) H has vested remainder subject to divestment
3) I has a shifted executory interest
What is the estate and future interest? O conveys to A 15 years from now.
1) O has an FSSEL
2) A has a springing executory interest
What is the estate and future interest? O devises to B for life, then to C, but if D should return to New York, then to D.
1) B has a life estate
2) C has a vested remainder subject to divestment
3) D has a shifted executory interest
What is the estate and future interest? O conveys to E when E marries.
1) O has an FSSEL
2) E has a springing executory interest
What is the estate and future interest? O devises to F as long as no alcohol is served on the property and if it is, then to Alcoholics Anonymous.
1) F has an FSSEL
2) AA has a shifted executory interest
What is the estate and future interest? O conveys to G for life, and then to H if H becomes a lawyer.
1) G has a life estate
2) H has a contingent remainder
Which future interests are created and/or retained by these transfers? Are they valid under the common law Rule Against Perpetuities?
O conveys “to B for life, then to M if M lives to be age 50”
1) B has a life estate
2) M has a contingent remainder
3) Valid
Which future interests are created and/or retained by these transfers? Are they valid under the common law Rule Against Perpetuities?
O devises “to City, but if the land is not used as a school,
then to H and her heirs”
1) the city has FSSEL
2) H has a shifted executory interest
3) Not valid
Which future interests are created and/or retained by these transfers? Are they valid under the common law Rule Against Perpetuities?
O conveys “to D provided that if it ceases to be used as a church, then to G if he is living”
1) D has FSSEL
2) G has a shifted executory interest
3) Valid- can only vest to G, a life in being, while G is alive
Which future interests are created and/or retained by these transfers? Are they valid under the common law Rule Against Perpetuities?
O conveys “to E and her heirs so long as the land is used for school purposes, then to S”
1) E has FSSEL
2) S has a shifted executory interest
3) Invalid- could be 100’s of years
Which future interests are created and/or retained by these transfers? Are they valid under the common law Rule Against Perpetuities?
O conveys “to F for life, then to F’s grandchildren for life, then to K and his heirs.” No grandchildren have been born yet
1) F has a life estate
2) F’s grandchildren has an Indefeasibly Vested Remainder in a life estate
3) K has an Indefeasibly Vested Remainder in a fee simple absolute
4) Invalid F could have more grandchildren who are not lives in being
Are they valid under the common law Rule Against Perpetuities?
O devises “to my grandchildren who reach age 21.” Assuming that O has no grandchildren who have reached age 21 by his death
Valid- it is a will
Are they valid under the common law Rule Against Perpetuities?
O conveys “to my grandchildren who reach age 21.” Assuming that O has no grandchildren who have reached age 21 at the time of the conveyance
Invalid- O could have more children after the conveyance.
