Estates & Future Interests

Question 1

Devisable

Answer 1

Can pass by will

Question 2

Descendable

Answer 2

Can pass intestate (w/o will)

Question 3

Alienable

Answer 3

Can transfer (inter vivos)

Question 4

Fee Simple Absolute

Answer 4

“To A” or “To A and his heirs”

Can do whatever you want,
Forever

Question 5

Defeasable Fee

Answer 5

Fee simple with a condition attached, 3 types

1. Fee simple determinable
2. Fee Simple subj to cond subsequent
3. Fee Simple subj to executors interest

Question 6

Fee Simple Determinable (defeasible
Fee #1)

Answer 6

Clear durational language
“So long as” “while” “during” “until”

O gets possibility of reverter automatically

Question 7

Fee Simple Subject to Condition Subsequent

Answer 7

Use or conditional language plus explicit right to re enter

O gets right of entry (must invoke)

Question 8

Fee Simple Subject to Executory Interest

Answer 8

3rd party take aid condition betrayed

3rd party has a shifting executory interest

Question 9

Are absolute restraints on alienation ok?

Answer 9

No = void

Question 10

Can words of desire, hope, or intention create a defeasable fee?

Answer 10

No= void

Question 11

Life Estate

Answer 11

Measured in lifetime terms of person or life of another (our autra vie)

Love tenant can’t commit waste, must pay taxes and interest

Followed by reversion