Examples Flashcards
To A and his or her heirs
Or To A
A = Fee Simple
O = Reversion in fee simple
To A for life
A = Life estate
O = Reversion in fee simple
To A and their heirs [condition]
Ex: To A and their heirs as long as the premise is used as a school
A = Fee Simple Determinable
O = Possibility of reverter
To A and their heirs but if [condition] then grantor can retake or re-enter
A = Fee Simple Subject to Condition Subsequent
O = Right of re-entry
To A but if [condition] then to B
A = Fee Simple Subject to Executory Limitations
B = Shifting Executory Interest
O conveys, “To A for life, then to B and their heirs”
A is alive
A has a life estate
B has an indefeasibly vested remainder in fee simple absolute
“To A for life remainder to B provided however that if B dies under age of 25 to C and their heirs” A is alive, B is alive & only 20
A has a life estate
B has a contingent remainder in fee simple
“To A for life, then to B’s Children” A is alive, B is alive & has two children C and D
A = life estate
C and D have vested remainders in fee simple absolute subject to open, their share can be decreased if B has another child
“To A & B for their joint lives then to the survivor in fee simple” A & B are alive
The unknown survivor has a contingent remainder in fee simple, O has a reversion in FS
“To A for life then to B’s first child” A and B are alive, and B has no children yet
The unborn has a contingent remainder in fee simple, O has a version in FS
“To A for life then if B graduates from college to B” A is alive, B is alive & still in HS
B has a contingent remainder in fee simple absolute
O has a reversion in FS
O conveys, “To A and his heirs but if B returns from Europe within the next year then to B and their heirs” B is alive and still in Europe
A has a fee simple subject to executory limitation
B has a shifting executory interest in fee simple absolute - b can cut short As interest that would otherwise limitless
“To A for life, remainder to B, provided however, that if B dies under age of 25, to C and their heirs” A is alive, B is only 20
A has a life estate
B has vested remainder in the fee simple absolute subject to complete defeasance because of the condition subsequent
C has a shifting executory interest in fee simple absolute
O conveys, “To A if and when A marries” A is alive & unmarried
O has given himself a fee simple subject to executory limitation
A has a springing executory interest in fee simple absolute
“To A for life, then to A’s children.” A is alive and she has no children. List and apply the 5-step RAP analysis.
§ A future children has contingent remainder in FS (suspect) O has a reversion in FS
§ A has to have at least one child then A has to die
§ At death of A at year zero it will either vest (if A has a child) or fail (if A doesn’t have a child) - A is a validating life
§ There are no other suspect future interest, so no need to repeat the procedure
