Estates Practice Flashcards
Get some practice with the language in estate conveyances and practice identifying present possessory interests.
Identify the words of purchase and words of limitation:
O to A and her heirs.
Words of purchase: to A
Words of limitation: and her heirs
This creates a: fee simple absolute
Identify the words of purchase and words of limitation:
O to A for 2 years.
Words of purchase: to A
Words of limitation: for 2 years
This creates a: term of years
Identify the words of purchase and words of limitation:
O to A and the heirs of his body.
Words of purchase: to A
Words of limitation: and the heirs of his body
This creates a: fee tail
we won’t work with fee tails, but you should know how to identify
Identify the words of purchase and words of limitation:
O to A for life.
Words of purchase: to A
Words of limitation: for life
This creates a: life estate
Identify the words of purchase and words of limitation:
O to A for the life of B.
Words of purchase: to A
Words of limitation: for the life of B
This creates a: life estate pur autre vie
Identify the words of purchase and words of limitation:
O to A.
Words of purchase: to A
Words of limitation: N/A (assume modern law)
This creates a: fee simple absolute
What is the duration of B’s estate (if any)?
O conveys to A and her heirs. (B is A’s only child.)
B has nothing. A has a fee simple absolute.
What is the duration of B’s estate (if any)?
O conveys to A for life. They A conveys to B.
B has a life estate pur autre vie. A is the measuring life. B’s life estate will last until A dies.
What is the duration of B’s estate (if any)?
O conveys to A for 10 years. Then A immediately conveys to B.
B’s estate will last for the remainder of the ten years.
What is the duration of B’s estate (if any)?
O conveys to A for life. Then A conveys to B for 2 years. One month later A dies.
B has a life estate pur autre vie. B’s estate ends when A dies.
What is the duration of B’s estate (if any)?
O conveys to A and his heirs. Then A conveys to B for 2 years. One year later A dies.
B has a term of years. B’s estate is unaffected by A’s death. (Because A has a fee simple absolute.) B has one more year of possession left.
What is the duration of B’s estate (if any)?
O conveys to A for life. In 1993, A conveys to B for 2 years. A dies in 2001.
B had a term of years. B’s estate ended in 1995, so it’s unaffected by A’s death.
What is the duration of B’s estate (if any)?
O conveys to A for life. Then A dies, devising her entire estate to B.
B has no estate. Upon the death of A, the life estate ended.
Other than O, who has an interest in the property?
O to A and her heirs. A has a husband (B) and one child (C).
A has an interest. (fee simple absolute)
Other than O, who has an interest in the property?
O to A for the life of B.
A has an interest. (life estate pur autre vie)
Other than O, who has an interest in the property?
O to A. A has no husband and no children, but has a living father and mother.
A has an interest. (fee simple absolute)
Other than O, who has an interest in the property?
O to A for life. Then A conveys to B. B dies intestate with one heir, C.
C has an interest. (C inherited B’d life estate pur autre vie. The measuring life is A, so C’s interest lasts until A dies.)
Who has an interest in the property and what type?
O to A for 2 years.
A has a term of years. O has the right to possession after A’s term of years ends.
Who has an interest in the property and what type?
O to A for life.
A has a life estate. O has the right to possession after A dies.
Who has an interest in the property and what type?
O to A and her heirs.
A has a fee simple absolute. No one else has any interest in the property.
Who has an interest in the property and what type?
O to A for the life of B.
A has a life estate pur autre vie. O has the right to possession after B (the measuring life) dies.
Who has an interest in the property and what type?
O to A.
A has a fee simple absolute. No one else has any interest in the property.
What is the state of the title?
O to A.
A: FSA
O: nothing
What is the state of the title? Who now owns property?
“O to A and her heirs.” (A dies without a will and without any heirs.)
A: FSA
A’s heirs: nothing
O: nothing
Property escheats to the state
