Estates & Future Examples Flashcards
O conveys “to A and her heirs so long as alcohol is not sold on the property”
A receives a FSD
O retains a future interest called a possibility of reverter
O conveys “to A and her heirs, provided that
alcohol is not served on the property”
A receives a FSSCS
O retains a future interest called a right of entry / power of
termination
O conveys “to A and heir heirs but if the property
is ever used for the sale of alcohol, then to B”
A receives a FSSEI
O retains nothing
B receives a future interest called an executory interest
John conveys land “to Peter for life so
long as the land is used only for residential
purposes”
Peter has a life estate determinable
John retains a future interest called a
reversion
O conveys “to B and his heirs so long as the land is not
used as a nightclub”
B has a FSD
O retains a possibility of reverter
O devises “to C and her heirs, but if Boston becomes a
state then O’s heirs have the right to reenter and
retake the estate”
C has FSSEI (note: C does not have a FSSCS under these
facts)
O’s heirs have a future interest called an executory
interest
Because this is a devise, O is dead and cannot retain any interest.
O conveys “to D for life, then to M and her heirs
while the well continues to provide water”
D has a life estate
M has a vested remainder in FSD
O retains a possibility of reverter
O conveys “to E and her heirs provided that
alcohol is never served on the premises”
E has a FSSCS
O retains a right of entry / power of termination
O conveys “to the First Baptist Church provided
that the land is used as a church, then to Google,
Inc.”
First Baptist Church has FSSEI
Google, Inc. has a future interest called a shifting
executory interest in FSA
O retains nothing
O conveys “to Alice for life, then to Brad for life, then to Carley.”
What is the status of title?
Alice has a life estate
Brad has a vested remainder in a life estate
Carley has a vested remainder in FSA
O has nothing
O conveys “to A for life, then to B and his heirs, but
if B dies leaving no surviving children, then to C
and his heirs.” What estates and future interests
are created?
A has a life estate
B has a vested remainder subject to divestment (look for the
“but if” after the grant to B; also look for the “then to” after
the grant to B)
(C has a shifting executory interest – we will discuss this
next week)
O conveys “to B for life, then to D, but if D does not
survive B, then to E.” What is the status of title?
B has a life estate
D has a vested remainder subject to divestment
(E has a shifting executory interest – we will discuss this
next week)
O conveys “to B for life, then to D if D becomes
president.” What is the status of title?
B has a life estate
D has a contingent remainder in FSA
D’s remainder is subject to D becoming president
O retains a reversion which will become possessory if the
condition is not met
O conveys “to Elvira for life, and if Abdul gets married
before Elvira dies, to Abdul and his heirs.” What is the
status of title if Abdul is unmarried at the time of the
conveyance?
Elvira has a life estate
Abdul has a contingent remainder in FSA because his interest is
conditioned upon him getting married before Elvira dies
O retains a reversion in FSA (which will become possessory if the
condition is not met)
O conveys “to Dexter for life, then if Jessica marries, to
Jessica and her heirs.” At the time of the conveyance,
Jessica is not married. What is the status of title?
Dexter has a life estate
Jessica has a contingent remainder (contingent upon her getting
married)
O retains a reversion in FSA because the condition may never be
met
