Executory Interests

Question 1

Determinable Estate Followed by An Executory Interest

Answer 1

“O to A and her heirs until B marries, then to B.”

• Words of limitation included in description of A’s estate.
• words of temporal limitation (until, so long as, while, and during.)
• Future interest in a GRANTEE (NOT THE GRANTOR)
• Automatically has a right to possession.

Question 2

“O to A while A serves in the United States armed forces, then to B.

Answer 2

A has a possessory estate in fee simple determinable.

B has an executory interest in fee simple absolute.

Question 3

“O to A and Her heirs; however, if B marries, then to B.

Answer 3

A has a fee simple subject to an executory limitation.

B. has an executory interest in fee simple absolute. (Automatically divests Estate).

Question 4

“O to A; however, if A uses the land for a tavern, then to B.”

Answer 4

A has a possessory estate in fee simple subject to an executory limitation.

B. has an executory interest in Fee simple absolute.

Question 5

“O to A; however, if A uses the land for a tavern, then to O.”

Answer 5

A has a possessory estate in fees simple subject to a condition subsequent.

O has a right of entry in fee simple asbsolute.

Question 6

O to A for life; but if A divorces, then to O.

Answer 6

A has a possessory estate in a life estate subject to a condition subsequent.
O simple has a REVERSION (A only has a life estate)

(but also, O has a right of entry. (Larger interest = Reversion.)

Question 7

“O to A for life, then to B for life, then to C.”

Answer 7

A has a possessory estate in life Estate
B has a vested remainder in life estate.
C has a vested remainder in fee simple absolute.

Question 8

“O to A and her heirs, but if a divorces, then to B for life, and then to O and his heirs.”

Answer 8

A has a fee simple subject to an executory limitation.
B has a executory interest in
O has a reversion in fee absolute.

Question 9

O to A and his heirs until B reaches 30, then to B; however, if B ceases to use the land for church purposes, then to C.

Answer 9

A has an estate in fee simple determinable
B has an Executory Interest in fee simple subject to executory limitation,
C has an executory interest in fee simple absolute.

Question 10

O to A for life, then to B for life, then to C, but if C sells liquor on the property, then to D.

Answer 10

A has an possessory estate in a life estate,
B has a vested remainder in a life estate.
C has a vested remainder in fee simple, subject to an executory limitation,
D has an executory interest in fee simple absolute.

Question 11

Vested Remainders Subject to Divestment

Answer 11

“O to A for life, then to B for life, then to C, but if B sells liquor on the property then to D.”

• A = Possessory Estate in Life Estate
• B = Vested Remainder Subject to executory limitation in a life estate.
• C = Vested Remainder subject to divestment in Fee absolute.
• D =

Question 12

Condition Precedent

Answer 12

• Condition that:
• Is Set out within the description of the particular estate, AND
• Must be satisfied before the estate becomes possessory.

Question 13

subject to open

Answer 13

Vested Reminder given to a class = Subject to Open
- More class members may join.

Question 14

Shifting Executory Interest

Answer 14

Follows an Estate in a Grantee

Question 15

Springing Executory Interest

Answer 15

Divests and Estate in the Grantor

“O to A when she turns 21.”

Question 16

“O to A when she turns 21.”

Answer 16

O has a possessory estate in fee simple subject to an executory limitation.
A has a springing executory interest in fee simple absolute.

Question 17

“O to A for life, then to B 5 years after A’s Death.”

Answer 17

A has a life estate
O has a reversion in fee simple subject to an executory limitation.
B has a springing executory interest in fee simple absolute.

Question 18

“O to A; however, if B obtains her PHD, then to B and her heirs.”

Answer 18

A has a fee simple estate subject to executory limitation.

B has a shifting executory interest in fee simple absolute.

Question 19

O to A for life, then to A’s oldest child for life, provided that if B should join a cult during either of the life estates, then to C for life. (A has no Children).

Answer 19

A has a possessory estate in a life estate subject to executory limitation.
A’s oldest child has a contingent remainder in a life estate subject to executory limitation.
O has a reversion in fee simple absolute.

Question 20

O to “my brother if and when he survives me.”

Answer 20

O = Possessory estate subject to executory limitation in fee simple
Brother: Springing executory interest in fee simple absolute.

Question 21

O to A for life, then to B, on condition that B Never uses illegal drugs, and if B uses illegal drugs, then his interest will cease and be replaced by an estate to C and her Heirs.”

Answer 21

A has a possessory estate in a life estate,
B has a vested remainder subject to executory limitation,
C has a shifting executory interest in fee simple absolute.