Future Interests Flashcards
O conveys “to A and B when they have been married one year.” What Possessory interests and future interests?
Possessory Interests - O has fee simple subject to executory limitation
Future - A and B have sprinting executory interests in fee simple absolute
O devises, “To A for 10 years, then to B for life.” What Possessory interests and future interests?
P/I - A has term of years
F/I - B has a vested remainder in life estate; O’s heirs have reversion
O conveys, “To A for life, then to B and his heirs if B is then living.” At the time of the conveyance, B has one child H. What Possessory interests and future interests?
P/I - A has a life estate
F/I - B has contingent remainder in fee simple absolute; O has reversion
O conveys, “To A and her heirs so long as A does not divorce, otherwise to revert to O.” What Possessory interests and future interests?
P/I - Fee simple determinable
F/I - O has possibility of Reverter
O devises, “To A for life, then to the children of B.” At the time os O’s death, B is alive and has two children x and y. What Possessory interests and future interests?
P/I - A has a life estate
F/I - x and y have vested remainder subject to open; O has Reversion
O devises, “To A for 25 years.” What Possessory interests and future interests?
P/I - A for term of years
F/I - O has Reversion
O conveys, “To A for life, the to B for life, then to the heirs of B.” At the time of the conveyance B has one son. What Possessory interests and future interests?
P/I -A has a life estate
F/I - O has Reversion; B has vested remainder in life estate; B’s heirs have contingent remainder in fee simple
O devises Blackacre, “To Schools, but if the property is no longer used for school purposes then to the church for church purposes.” What Possessory interests and future interests?
P/I -School has fee simple subject to executory limitation
F/I - Church has shifting executory interest in fee simple absolute
O devises Blackacre, “To A and her heris, but if A divorces B then to C and her heirs.” At the time of O’s death A is married to B. What Possessory interests and future interests?
P/I - Fee simple subject to executory limitation
F/I - C has shifting executory interests in fee simple absolute
O conveys, “To A and her heirs, but if A divorces the O shall have the right to re-enter and retake the property.” What Possessory interests and future interests?
p/i -A has fee simple subject to condition subsequent
f/i - O has Right of Entry in fee simple
O conveys, “To A for life, then to B and his heirs, but f B dies under the age of 21, then to C and his heirs.” At the time of the conveyance, A is alive and B is 18 years old. What Possessory interests and future interests?
p/i - A has life estate
f/i - B has vested remainder in fee simple subject to complete divestment; c has shifting executory interests
O conveys, “To A and his heirs, but if A dies without issue, then to B and her heirs.” At the time of the conveyance, A is alive and has a child C. What Possessory interests and future interests?
p/i - A has fee simple subject to executory limitation
f/i - B has shifting executory interest in fee simple
O conveys, “ To A, for so long as the garden of blue flowers from echo this property derives it name is properly cared for.” What Possessory interests and future interests?
p/i - A in fee simple determinable
f/i - o in possibility of reverter
O devises, “To my good friend A for life, and the to Alan’ youngest child, B.” At the time of the grant Alan is living and has thee children: K aged 6, C aged 4, and B aged 2. What Possessory interests and future interests?
p/i - Alan in life estate
f/i - fee simple vested remainder in fee simple
O conveys, “To A, for the purpose of establishing a park.” What Possessory interests and future interests?
p/i - A has fee simple absolute
f/i - none
Antoine lives in NYC. He owns a property, P, In San Fransisco. His son, B, moved out to California three years ago to follow the grateful dead. A is concerned that his son is wasting his life in by way of being a dead head, and wants to deter him. To accomplish this, he intends to offer B full title to P on the condition that B stops being a dead head. I B goes to even one such event, A wants to be able to deprive him of all the rights to P, and return it to himself. What estate in land would you recommend A convey to B in order to best accomplish this purpose, and why do you choose this estate? Explain
Fee simple determinable
- This would create an automatic reversion upon the happening of the states event, more specifically B attending a grateful dead concert
“To B, so long as B never attends a grateful dead concert.”
In 1500, Lady A devises, “To my nephew B, to have and to hold with all the rights of ownership until the end of time.” What Possessory interests and future interests?
p/i - B has life estate - not correct wording for 1500
f/i - Lady A has Reversion
A conveys, To B, on the condition that if B ever beats A in fencing, then A retains the right to re-enter and re-take the property.” What Possessory interests and future interests?
p/i - Fee simple subject to condition subsequent
f/i - A has right of Entry
O devises, “To A for life, but if cuts down any of the pine tress on the property, then to B for life.” What Possessory interests and future interests?
p/i - A has life estate subject to executory limitation
f/i - B has shifting executory interests; O has reversion
O conveys, “To A when she becomes a doctor.” What Possessory interests and future interests?
p/i - O has fee simple subject to executory limitation
f/i - Springing executory interests.
O conveys, “To A for life, so long as she continues to exercise at least twice per week, otherwise to B for life, but if B smokes the to C for life.” What Possessory interests and future interests?
p/i - life estate subject to executory limitation
f/i - b has shifting executory interest in a life estate; c has shifting executory interest in life estate; o has reversion
A conveys, “To B for life, but if he should make his principal residence outside Cbus, then A retains the right to re-enter and re-take the property,” What Possessory interests and future interests?
p/i - B has life estate subject to condition subsequent
f/i - A has right of entry
A devises, “To B and his heirs.” At the time of the conveyance B is alive with 2 sons C and D. What Possessory interests and future interests?
p/i - B has fee simple absolute
f/i - none - heirs only exist when someone dies.
O conveys, “To A for life.” A conveys her interest to B. B pre-deceases A, leaving her interest to his wife C. At the time of B’s death, what interest, if any, does C have?
C has life estate pur autre vie in A.
