Future Intrests Flashcards
0
Q
Ex: G grants LE to A. G retains reversion, because he (or his heirs) will get the land after A dies.
A
Reversion - doesnt need to be express in the conveyence
1
Q
Future Interests retained by GRANTORS
A
- ReversionReversion (PI = LE)- residual future interest left in grantor.
- Right of reentry (PI = FSSCS)- interest goes back to grantor if condition of the grant is breached AND he exercises the power .
- Possibility of reverter (PI = FSD) - arises in the grantor when he grants a determinable interest (FSD).
2
Q
Transferibilty of reversion
A
A reversion is alienable, devisable, and descendible.
3
Q
Right of reentry
A
Condition subsequent is when the remainder is created first, and then the condition is usually in the subsequent clause.
Ex: “to E on condition that the property is not used as a commercial establishment, and if the property is used as a commercial establishment, R has the right to reenter and take the property.”
Note: grant must contain an express power of termination.
4
Q
Transferibily of right of reentry
A
Power of termination is descendible and devisable but NOT alienable.
5
Q
When does reentry become possessory?
A
Property is not automatically forfeited upon breach of the condition. Original grantor must exercise power of termination.
6
Q
Possibility of reverter (PI = FSD) -
A
arises in the grantor when he grants a determinable interest (FSD).
7
Q
When does reverter become possessory?
A
Grant does not have to explicitly create the interest, because forfeiture occurs automatically when the condition is breached. Grantor does not have to act.
8
Q
Ex: “To E as long as the property is never used as a commercial establishment.” Reverter or reentry?
A
Reverte
9
Q
Transferibily of reverter
A
Possibility of reverter is alienable, devisable, and descendible.
10
Q
Future interests by THIRD PARTIES/GRANTEES
A
A. Remainder- interest in a third party that immediately follows the natural expiration of the preceding interest
B.Executory Interest (RAP!) - Occurs if the interest will ONLY follow the violation of some condition.
11
Q
Key to remainder
A
Key is that the first interest ends naturally and is not cut short by some other event, such as violation of a condition subsequent.
12
Q
3 types of remainders
A
1 Contingent Remainder (RAP!)
2. Vested Remainder -Vested Remainder- Occurs if the identity is known AND the remainder is not subject to a condition precedent.
13
Q
Contingent Remainder (RAP!)- Occurs if:
A
- The identity of the remainderman is unknown OR
- The remainder is subject to a condition precedent (condition that is part of the granting clause creating the remainder or comes in a previous clause).
14
Q
Indefeasibly vested remainder
A
If there is NO CONDITION SUBSEQUENT, then —-> Indefeasibly vested remainder.
Ex: “To Jones for life, then to Smith.”
15
Q
Vested remainder subject to open
A
If THE CLASS OF GRANTEES COULD EXPAND IN NUMBER, then ----> Vested remainder subject to open (RAP!). Ex: "To Albert for life, then to Albert's siblings"; If Albert's parents are still alive, then the class of siblings could expand.
16
Q
Class can close in 2 ways
A
- Class closes naturally when no new class members can be created (i.e., Albert’s parents die); OR
- Class closes due to rule of convenience when the gift can be distributed and there is at least one eligible class member.
17
Q
Rule of convience
A
K
18
Q
Vested remainder subject to complete divestment.
A
If there is a CONDITION SUBSEQUENT that could divest the remainderman of the entire interest, then —-> Vested remainder subject to complete divestment.
Ex: “To Jones for life and then to Smith, but if Smith uses alcohol, then to Brown.”
19
Q
“To Jones for life and then to Smith, but if Smith uses alcohol, then to Brown.”
A
Jones: LE
Smith: vested remainder in fee simple determinable subject to complete divestment
Brown: exec. Intrest in FSA
20
Q
“To Jones for life, then to Smith if Smith survives Jones, otherwise to Brown”
A
O: reversion (dea)
Jones:LE
Smith: contingent remainder in FSA
Brown: contigent remainder in FSA
21
Q
O: “ To Jones for life, the to Jones’ children alive at his death.
Present: jones has no kids
A
O: reversion inFSA
Jones: LE
Kids: contingent remainder in FSA
22
Q
Exec intrest
A
Executory Interest (RAP!) - Occurs if the interest will ONLY follow the violation of some condition. Ex: To Jones, so long as no one uses alcohol on the property, and then to Smith." Here is no natural expiration of the first interest; the violation of a condition is the only way that Smith could get the property.
23
Q
O grants “to A for life, then to B for life.” Then, will gives property to C.
A
A: LE
B has a indefeasibly vested remainder.
C has a reversion. C stands in the place of the original grantor (O).
24
O grants "to A for life, then to B for life if B survives A, otherwise to C.
A : LE
B has a contingent remainder because there is a condition precedent (B must survive A) and because there is another option (if B doesn't survive A, C gets it).
C has an alternative contingent remainder because C is the other option if B breaches condition precedent.
25
Remainder: elements
1. The interest is created in someone other than the transferor;
2. The interest must be capable of becoming possessory immediately upon the natural termination of the prior estate; and
3. The interest must follow a life estate, term of years, or fee tail.
26
Types of Remainders
1. Indefeasibly Vested Remainder—
2. Cntingent remainder
3. Vested Remainder Subject to Complete Defeasance
4. Vested Remainder Subject to open
5. Vested Remainder Subject to Complete and Partial Defeasance
27
Indefeasibly Vested Remainder—To find that a person has an indefeasibly vested remainder, the following four conditions must be satisfied:
1. The interest is held by a born and ascertainable person;
2. The interest is certain to become possessory immediately upon the termination of the preceding estate (i.e., not subject to a condition precedent);
3. The interest is indefeasible (i.e., there is no condition subsequent that will divest the remainderman); and
4. The interest is indivisible (it cannot be diminished in size).
28
Contingent Remainder—
```
If conditions (i) or (ii) fail, the remainder is contingent.
NOTE: Condition (ii) can fail in one of two ways:
If it fails because the party does not take unless some condition precedent has been met, then the party has a contingent remainder. (E.g., "to A for life, then to A's first child," and A has not yet had any children.)
If there is simply a gap in possession, but the party is sure to or may take sometime after the previous estate ends, the party has an executory interest (and not a remainder) (E.g., "O to A for life, then five years later to B" gives B a springing executory interest out of O's reversion; "O to A until B reaches 21, then to B" is a shifting executory interest, divesting A before the natural end of some estate.)
```
29
Vested Remainder Subject to Complete Defeasance—
Conditions (i), (ii) and (iv) are satisfied, but condition (iii) fails.
E.g., "To A for life, then to B, but if B does not maintain the property as a farm, then to C."
30
Vested Remainder Subject to Partial Defeasance (a/k/a partial divestment, or subject to open)—Conditions (i), (ii), and (iii) are satisfied, but condition (iv) fails.
E.g., "To A for life, then to A's children." A has one child.
Conditions (i), (ii), and (iii) are satisfied, but condition (iv) fails.
E.g., "To A for life, then to A's children." A has one child.
31
Vested Remainder Subject to Complete and Partial Defeasance—
Conditions (i) and (ii) are satisfied, but conditions (iii) and (iv) fail.
E.g., "To A for life, then to A's children, but if any of A’s children go to law school, then B." A has one child.
32
"To A for life, then to B."
Indefeasibly Vested Remainder in B
33
"To A for life, then to A's children." (A has a child, B. B has a vested remainder subject to open.)
Vested Remainder Subject to Open
34
"To A for life, then to B, but if B dies before A, to C." (B has a vested remainder subject to divestment by C)
Vested Remainder Subject to Complete Divestment
35
"To A for life, then to A's children." (A has no children at time of grant)
Contingent remainder
36
"To A for life, then to A's children who survive A." (A has a child, B)
Contingent remainder
37
"To A for life, then to B if B reaches 21." (B is 17)
Contingent remainder
38
"To A for life, then to B's heirs." (B is alive, heirs only become so at death of B)
Contingent remainder
39
"To A for life, then to B if B survives A, but if B does not survive A, to C."
Contingent remainder
40
Remainders must _____.
Bedome possosory immediately following the termination of the life estate
41
Shifting executory interest is
Divests an interest of another transferee
| I.e. cuts short a prior estate created in the same conveyence
42
"To A and her heirs, but if B returns from Canada, to B and his heirs"
A has fee simple subject to a shifting executory intrest
B has a shifting exec. Intrest, can be a remainder bc not ready to become possessory @end of As intrest
I
43
"To A for life, remainder to B and his heirs, but if B predeceases A, to C and his heirs"
C has a shifting executory interest
44
Springing executory intrest
Springing executory interests go from the grantor to a grantee upon the occurrence of some condition. Another way to put it is that there is a springing executory interest whenever there is an unavoidable gap in ownership of a present possessory estate in the land. If the gap is avoidable, then you don’t call it a springing executory interest.
45
Otis to Aleisha for life, then to Boland and his heirs, but if Boland has not married by the time of Aleisha’s death, to Carla and her heirs.”
a. Aleisha has a life estate. Boland has a vested remainder subject to total divestment (or subject to an executory limitation or subject to a condition subsequent). Carla has a shifting executory interest in fee simple absolute.
b. Aleisha still has a life estate. Boland has a vested remainder in fee simple absolute. Carla has nothing.
46
Otis to Asa and her heirs upon her graduation from law school. Assume that Asa is a member of your law school class”:
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
47
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
Amelia is granted a fee simple subject to an executory limitation and Ballard gets a shifting executory interest in fee simple absolute. [Otis gets nothing.]
48
Otis to Ava for life, and then to Barbara and her heirs if Barbara survives Ava, but if Barbara does not survive Ava, to Clarice and her heirs”
Ava gets a life estate. Barbara and Clarice get alternative contingent remainders in fee simple absolute and Otis gets a reversion. [Why does Otis have a reversion? We always act as though the life estate could end before the death of the life tenant
49
Color of title
that you have a written instrument that, in good faith, you think is valid and purports to convey the land at issue in the adverse possession suit. This instrument is, by definition, invalid. If it were valid, then you wouldn’t be an adverse possession. Also, the true owner must have notice of the instrument. Notice can be acquired by: actual notice (like telling the dude the stuff) or constructive (fictional) notice. Color, in this sense, is like “colorable”, meaning “appearing to be valid”.
50
Rule in Shelley’s Case:
a remainder in a life tenant-grantee’s heirs is deemed to be in a life tenant herself.
1. “To B for life, then to B’s heirs.” → B has a fee simple.
2. Abolished in most jurisdictions → B’s heirs have a contingent remainder.
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
51
Doctrine of Worthier Title
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
1. “To B for life, then to my heirs at law.” → B has a life estate; the grantor has a reversion
2. Generally treated as a rule of construction only → grantor’s heirs have a contingent remainder.
52
“I give to my daughter, Sandra Stewart for life my tract of land in Johnston County, North Carolina and then to Meta Stewart’s children and their heirs.” Meta Stewart is alive and has no children.
Fut ints
Sandra has an indefeasible life estate
53
Remainders must _____.
Bedome possosory immediately following the termination of the life estate
54
Shifting executory interest is
Divests an interest of another transferee
| I.e. cuts short a prior estate created in the same conveyence
55
"To A and her heirs, but if B returns from Canada, to B and his heirs"
A has fee simple subject to a shifting executory intrest
B has a shifting exec. Intrest, can be a remainder bc not ready to become possessory @end of As intrest
I
56
"To A for life, remainder to B and his heirs, but if B predeceases A, to C and his heirs"
C has a shifting executory interest
57
Springing executory intrest
Springing executory interests go from the grantor to a grantee upon the occurrence of some condition. Another way to put it is that there is a springing executory interest whenever there is an unavoidable gap in ownership of a present possessory estate in the land. If the gap is avoidable, then you don’t call it a springing executory interest.
58
Otis to Aleisha for life, then to Boland and his heirs, but if Boland has not married by the time of Aleisha’s death, to Carla and her heirs.”
a. Aleisha has a life estate. Boland has a vested remainder subject to total divestment (or subject to an executory limitation or subject to a condition subsequent). Carla has a shifting executory interest in fee simple absolute.
b. Aleisha still has a life estate. Boland has a vested remainder in fee simple absolute. Carla has nothing.
59
Otis to Asa and her heirs upon her graduation from law school. Assume that Asa is a member of your law school class”:
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
60
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
Amelia is granted a fee simple subject to an executory limitation and Ballard gets a shifting executory interest in fee simple absolute. [Otis gets nothing.]
61
Otis to Ava for life, and then to Barbara and her heirs if Barbara survives Ava, but if Barbara does not survive Ava, to Clarice and her heirs”
Ava gets a life estate. Barbara and Clarice get alternative contingent remainders in fee simple absolute and Otis gets a reversion. [Why does Otis have a reversion? We always act as though the life estate could end before the death of the life tenant
62
Color of title
that you have a written instrument that, in good faith, you think is valid and purports to convey the land at issue in the adverse possession suit. This instrument is, by definition, invalid. If it were valid, then you wouldn’t be an adverse possession. Also, the true owner must have notice of the instrument. Notice can be acquired by: actual notice (like telling the dude the stuff) or constructive (fictional) notice. Color, in this sense, is like “colorable”, meaning “appearing to be valid”.
63
Rule in Shelley’s Case:
a remainder in a life tenant-grantee’s heirs is deemed to be in a life tenant herself.
1. “To B for life, then to B’s heirs.” → B has a fee simple.
2. Abolished in most jurisdictions → B’s heirs have a contingent remainder.
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
64
Doctrine of Worthier Title
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
1. “To B for life, then to my heirs at law.” → B has a life estate; the grantor has a reversion
2. Generally treated as a rule of construction only → grantor’s heirs have a contingent remainder.
65
O conveys whiteacre "to A for life, then to B and her heirs if B survives A. ID future intests
O- reversion in FS
66
O conveys "to A for life, them to B and her heirs"
| Does O have a reversion
No, vested remainder
67
A remainder is a future intrest that is capable of becoming possesory at...
The termination of the prior estate
68
Exectory intrests were made possible by....
The statute of uses
69
What can exec. Intrests do that remainders cannot
Divest or cut short the preceding intrest
70
O conveys" to A for life, then to B if B gives A a proper funeral"
Does B have a remainder or an executory interest? If exec, whose interest does he divers
B has an executory intrest. Will divest Os reversion
71
A remainder is vested if: (2)
(1) it is given to an ascertained person
| 2) it is not subject to a conditon precedent (other than the natural termination of the estate
72
A remainder is contingent if: (2)
(1) it is given to an unasceryained person
(2) or it is subject to a condition precedent
Remainder is not ready to become possesory upon the expiration of the preceding estate
73
A remainder can become indefeasibly vested if
It is cert. to become possesory in the future and cannot be divested
74
O conveys "to A for life, then to B and her heirs"
| bs interest?
B has an indefeasibly vested remainder in fee simple absolute
If B dies during As life, Bs remainder passes to devisees, or heirs(if intestate) or if none, escheats to the stat
75
A remainder created in a class of persons(such as "to As kids) is vested if(2). And whats it called
(1) one member of the class is ascertained; and
(2) its not subject to a condition precedent
Vested remainder in FS subject to open
76
O conveys " to A for life, then to As. Children and their heirs. A has one child B. ID future interests.
Vested remainder in B subject to open. Cannot know his share until A dies.
77
O conveys " to A for life, then to As. Children and their heirs. A has no children at the conveyence.ID future interests.
Contingent remainder bc no taker is ascertained.
78
O conveys "to A for life, then to B's heirs" B is alive.
The remainder is contingent bc no heir is ascertained until B dies. B only has heirs apparent until B dies.
79
O conveys "to A for life, then to B and her heirs if B surivives A"
B has a contingent remainder subject to a conditon precedent. B can only take possesion if B survives A
80
O conveys "to A for life, then to B and her heirs if B surives A, if B doesnt surive A, then to C and her heirs
Alternative contingent remainders in B and C. If one vests, the other cannot.
81
O conveys " to A for life, and in the event of As death to B."
Is Bs remainder vested or contingent?
If B subsequently conveys her intrest back to O, what does O have?
B has a vested remainder in fee simble absolut
O would have a remainder in fee simple, not a reversion.
82
“I give to my daughter, Sandra Stewart for life my tract of land in Johnston County, North Carolina and then to Meta Stewart’s children and their heirs.” Meta Stewart is alive and has no children.
Fut ints
Sandra has an indefeasible life estate
83
Remainders must _____.
Bedome possosory immediately following the termination of the life estate
84
Shifting executory interest is
Divests an interest of another transferee
| I.e. cuts short a prior estate created in the same conveyence
85
"To A and her heirs, but if B returns from Canada, to B and his heirs"
A has fee simple subject to a shifting executory intrest
B has a shifting exec. Intrest, can be a remainder bc not ready to become possessory @end of As intrest
I
86
"To A for life, remainder to B and his heirs, but if B predeceases A, to C and his heirs"
C has a shifting executory interest
87
Springing executory intrest
Springing executory interests go from the grantor to a grantee upon the occurrence of some condition. Another way to put it is that there is a springing executory interest whenever there is an unavoidable gap in ownership of a present possessory estate in the land. If the gap is avoidable, then you don’t call it a springing executory interest.
88
Otis to Aleisha for life, then to Boland and his heirs, but if Boland has not married by the time of Aleisha’s death, to Carla and her heirs.”
a. Aleisha has a life estate. Boland has a vested remainder subject to total divestment (or subject to an executory limitation or subject to a condition subsequent). Carla has a shifting executory interest in fee simple absolute.
b. Aleisha still has a life estate. Boland has a vested remainder in fee simple absolute. Carla has nothing.
89
Otis to Asa and her heirs upon her graduation from law school. Assume that Asa is a member of your law school class”:
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
90
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
Amelia is granted a fee simple subject to an executory limitation and Ballard gets a shifting executory interest in fee simple absolute. [Otis gets nothing.]
91
Otis to Ava for life, and then to Barbara and her heirs if Barbara survives Ava, but if Barbara does not survive Ava, to Clarice and her heirs”
Ava gets a life estate. Barbara and Clarice get alternative contingent remainders in fee simple absolute and Otis gets a reversion. [Why does Otis have a reversion? We always act as though the life estate could end before the death of the life tenant
92
Color of title
that you have a written instrument that, in good faith, you think is valid and purports to convey the land at issue in the adverse possession suit. This instrument is, by definition, invalid. If it were valid, then you wouldn’t be an adverse possession. Also, the true owner must have notice of the instrument. Notice can be acquired by: actual notice (like telling the dude the stuff) or constructive (fictional) notice. Color, in this sense, is like “colorable”, meaning “appearing to be valid”.
93
Rule in Shelley’s Case:
a remainder in a life tenant-grantee’s heirs is deemed to be in a life tenant herself.
1. “To B for life, then to B’s heirs.” → B has a fee simple.
2. Abolished in most jurisdictions → B’s heirs have a contingent remainder.
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
94
Doctrine of Worthier Title
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
1. “To B for life, then to my heirs at law.” → B has a life estate; the grantor has a reversion
2. Generally treated as a rule of construction only → grantor’s heirs have a contingent remainder.
95
O conveys whiteacre "to A for life, then to B and her heirs if B survives A. ID future intests
O- reversion in FS
96
O conveys "to A for life, them to B and her heirs"
| Does O have a reversion
No, vested remainder
97
A remainder is a future intrest that is capable of becoming possesory at...
The termination of the prior estate
98
Exectory intrests were made possible by....
The statute of uses
99
What can exec. Intrests do that remainders cannot
Divest or cut short the preceding intrest
100
O conveys" to A for life, then to B if B gives A a proper funeral"
Does B have a remainder or an executory interest? If exec, whose interest does he divers
B has an executory intrest. Will divest Os reversion
101
A remainder is vested if: (2)
(1) it is given to an ascertained person
| 2) it is not subject to a conditon precedent (other than the natural termination of the estate
102
A remainder is contingent if: (2)
(1) it is given to an unasceryained person
(2) or it is subject to a condition precedent
Remainder is not ready to become possesory upon the expiration of the preceding estate
103
A remainder can become indefeasibly vested if
It is cert. to become possesory in the future and cannot be divested
104
O conveys "to A for life, then to B and her heirs"
| bs interest?
B has an indefeasibly vested remainder in fee simple absolute
If B dies during As life, Bs remainder passes to devisees, or heirs(if intestate) or if none, escheats to the stat
105
A remainder created in a class of persons(such as "to As kids) is vested if(2). And whats it called
(1) one member of the class is ascertained; and
(2) its not subject to a condition precedent
Vested remainder in FS subject to open
106
O conveys " to A for life, then to As. Children and their heirs. A has one child B. ID future interests.
Vested remainder in B subject to open. Cannot know his share until A dies.
107
O conveys " to A for life, then to As. Children and their heirs. A has no children at the conveyence.ID future interests.
Contingent remainder bc no taker is ascertained.
108
O conveys "to A for life, then to B's heirs" B is alive.
The remainder is contingent bc no heir is ascertained until B dies. B only has heirs apparent until B dies.
109
O conveys "to A for life, then to B and her heirs if B surivives A"
B has a contingent remainder subject to a conditon precedent. B can only take possesion if B survives A
110
O conveys "to A for life, then to B and her heirs if B surives A, if B doesnt surive A, then to C and her heirs
Alternative contingent remainders in B and C. If one vests, the other cannot.
111
O conveys " to A for life, and in the event of As death to B."
Is Bs remainder vested or contingent?
If B subsequently conveys her intrest back to O, what does O have?
B has a vested remainder in fee simble absolut
O would have a remainder in fee simple, not a reversion.
112
“I give to my daughter, Sandra Stewart for life my tract of land in Johnston County, North Carolina and then to Meta Stewart’s children and their heirs.” Meta Stewart is alive and has no children.
Fut ints
Sandra has an indefeasible life estate
113
Remainders must _____.
Bedome possosory immediately following the termination of the life estate
114
Shifting executory interest is
Divests an interest of another transferee
| I.e. cuts short a prior estate created in the same conveyence
115
"To A and her heirs, but if B returns from Canada, to B and his heirs"
A has fee simple subject to a shifting executory intrest
B has a shifting exec. Intrest, can be a remainder bc not ready to become possessory @end of As intrest
I
116
"To A for life, remainder to B and his heirs, but if B predeceases A, to C and his heirs"
C has a shifting executory interest
117
Springing executory intrest
Springing executory interests go from the grantor to a grantee upon the occurrence of some condition. Another way to put it is that there is a springing executory interest whenever there is an unavoidable gap in ownership of a present possessory estate in the land. If the gap is avoidable, then you don’t call it a springing executory interest.
118
Otis to Aleisha for life, then to Boland and his heirs, but if Boland has not married by the time of Aleisha’s death, to Carla and her heirs.”
a. Aleisha has a life estate. Boland has a vested remainder subject to total divestment (or subject to an executory limitation or subject to a condition subsequent). Carla has a shifting executory interest in fee simple absolute.
b. Aleisha still has a life estate. Boland has a vested remainder in fee simple absolute. Carla has nothing.
119
Otis to Asa and her heirs upon her graduation from law school. Assume that Asa is a member of your law school class”:
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
120
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
Amelia is granted a fee simple subject to an executory limitation and Ballard gets a shifting executory interest in fee simple absolute. [Otis gets nothing.]
121
Otis to Ava for life, and then to Barbara and her heirs if Barbara survives Ava, but if Barbara does not survive Ava, to Clarice and her heirs”
Ava gets a life estate. Barbara and Clarice get alternative contingent remainders in fee simple absolute and Otis gets a reversion. [Why does Otis have a reversion? We always act as though the life estate could end before the death of the life tenant
122
Color of title
that you have a written instrument that, in good faith, you think is valid and purports to convey the land at issue in the adverse possession suit. This instrument is, by definition, invalid. If it were valid, then you wouldn’t be an adverse possession. Also, the true owner must have notice of the instrument. Notice can be acquired by: actual notice (like telling the dude the stuff) or constructive (fictional) notice. Color, in this sense, is like “colorable”, meaning “appearing to be valid”.
123
Rule in Shelley’s Case:
a remainder in a life tenant-grantee’s heirs is deemed to be in a life tenant herself.
1. “To B for life, then to B’s heirs.” → B has a fee simple.
2. Abolished in most jurisdictions → B’s heirs have a contingent remainder.
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
124
Doctrine of Worthier Title
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
1. “To B for life, then to my heirs at law.” → B has a life estate; the grantor has a reversion
2. Generally treated as a rule of construction only → grantor’s heirs have a contingent remainder.
125
O conveys whiteacre "to A for life, then to B and her heirs if B survives A. ID future intests
O- reversion in FS
126
O conveys "to A for life, them to B and her heirs"
| Does O have a reversion
No, vested remainder
127
A remainder is a future intrest that is capable of becoming possesory at...
The termination of the prior estate
128
Exectory intrests were made possible by....
The statute of uses
129
What can exec. Intrests do that remainders cannot
Divest or cut short the preceding intrest
130
O conveys" to A for life, then to B if B gives A a proper funeral"
Does B have a remainder or an executory interest? If exec, whose interest does he divers
B has an executory intrest. Will divest Os reversion
131
A remainder is vested if: (2)
(1) it is given to an ascertained person
| 2) it is not subject to a conditon precedent (other than the natural termination of the estate
132
A remainder is contingent if: (2)
(1) it is given to an unasceryained person
(2) or it is subject to a condition precedent
Remainder is not ready to become possesory upon the expiration of the preceding estate
133
A remainder can become indefeasibly vested if
It is cert. to become possesory in the future and cannot be divested
134
O conveys "to A for life, then to B and her heirs"
| bs interest?
B has an indefeasibly vested remainder in fee simple absolute
If B dies during As life, Bs remainder passes to devisees, or heirs(if intestate) or if none, escheats to the stat
135
A remainder created in a class of persons(such as "to As kids) is vested if(2). And whats it called
(1) one member of the class is ascertained; and
(2) its not subject to a condition precedent
Vested remainder in FS subject to open
136
O conveys " to A for life, then to As. Children and their heirs. A has one child B. ID future interests.
Vested remainder in B subject to open. Cannot know his share until A dies.
137
O conveys " to A for life, then to As. Children and their heirs. A has no children at the conveyence.ID future interests.
Contingent remainder bc no taker is ascertained.
138
O conveys "to A for life, then to B's heirs" B is alive.
The remainder is contingent bc no heir is ascertained until B dies. B only has heirs apparent until B dies.
139
O conveys "to A for life, then to B and her heirs if B surivives A"
B has a contingent remainder subject to a conditon precedent. B can only take possesion if B survives A
140
O conveys "to A for life, then to B and her heirs if B surives A, if B doesnt surive A, then to C and her heirs
Alternative contingent remainders in B and C. If one vests, the other cannot.
141
O conveys " to A for life, and in the event of As death to B."
Is Bs remainder vested or contingent?
If B subsequently conveys her intrest back to O, what does O have?
B has a vested remainder in fee simble absolut
O would have a remainder in fee simple, not a reversion.
142
“I give to my daughter, Sandra Stewart for life my tract of land in Johnston County, North Carolina and then to Meta Stewart’s children and their heirs.” Meta Stewart is alive and has no children.
Fut ints
Sandra has an indefeasible life estate
143
Remainders must _____.
Bedome possosory immediately following the termination of the life estate
144
Shifting executory interest is
Divests an interest of another transferee
| I.e. cuts short a prior estate created in the same conveyence
145
"To A and her heirs, but if B returns from Canada, to B and his heirs"
A has fee simple subject to a shifting executory intrest
B has a shifting exec. Intrest, can be a remainder bc not ready to become possessory @end of As intrest
I
146
"To A for life, remainder to B and his heirs, but if B predeceases A, to C and his heirs"
C has a shifting executory interest
147
Springing executory intrest
Springing executory interests go from the grantor to a grantee upon the occurrence of some condition. Another way to put it is that there is a springing executory interest whenever there is an unavoidable gap in ownership of a present possessory estate in the land. If the gap is avoidable, then you don’t call it a springing executory interest.
148
Otis to Aleisha for life, then to Boland and his heirs, but if Boland has not married by the time of Aleisha’s death, to Carla and her heirs.”
a. Aleisha has a life estate. Boland has a vested remainder subject to total divestment (or subject to an executory limitation or subject to a condition subsequent). Carla has a shifting executory interest in fee simple absolute.
b. Aleisha still has a life estate. Boland has a vested remainder in fee simple absolute. Carla has nothing.
149
Otis to Asa and her heirs upon her graduation from law school. Assume that Asa is a member of your law school class”:
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
150
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
Amelia is granted a fee simple subject to an executory limitation and Ballard gets a shifting executory interest in fee simple absolute. [Otis gets nothing.]
151
Otis to Ava for life, and then to Barbara and her heirs if Barbara survives Ava, but if Barbara does not survive Ava, to Clarice and her heirs”
Ava gets a life estate. Barbara and Clarice get alternative contingent remainders in fee simple absolute and Otis gets a reversion. [Why does Otis have a reversion? We always act as though the life estate could end before the death of the life tenant
152
Color of title
that you have a written instrument that, in good faith, you think is valid and purports to convey the land at issue in the adverse possession suit. This instrument is, by definition, invalid. If it were valid, then you wouldn’t be an adverse possession. Also, the true owner must have notice of the instrument. Notice can be acquired by: actual notice (like telling the dude the stuff) or constructive (fictional) notice. Color, in this sense, is like “colorable”, meaning “appearing to be valid”.
153
Rule in Shelley’s Case:
a remainder in a life tenant-grantee’s heirs is deemed to be in a life tenant herself.
1. “To B for life, then to B’s heirs.” → B has a fee simple.
2. Abolished in most jurisdictions → B’s heirs have a contingent remainder.
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
154
Doctrine of Worthier Title
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
1. “To B for life, then to my heirs at law.” → B has a life estate; the grantor has a reversion
2. Generally treated as a rule of construction only → grantor’s heirs have a contingent remainder.
155
O conveys whiteacre "to A for life, then to B and her heirs if B survives A. ID future intests
O- reversion in FS
156
O conveys "to A for life, them to B and her heirs"
| Does O have a reversion
No, vested remainder
157
A remainder is a future intrest that is capable of becoming possesory at...
The termination of the prior estate
158
Exectory intrests were made possible by....
The statute of uses
159
What can exec. Intrests do that remainders cannot
Divest or cut short the preceding intrest
160
O conveys" to A for life, then to B if B gives A a proper funeral"
Does B have a remainder or an executory interest? If exec, whose interest does he divers
B has an executory intrest. Will divest Os reversion
161
A remainder is vested if: (2)
(1) it is given to an ascertained person
| 2) it is not subject to a conditon precedent (other than the natural termination of the estate
162
A remainder is contingent if: (2)
(1) it is given to an unasceryained person
(2) or it is subject to a condition precedent
Remainder is not ready to become possesory upon the expiration of the preceding estate
163
A remainder can become indefeasibly vested if
It is cert. to become possesory in the future and cannot be divested
164
O conveys "to A for life, then to B and her heirs"
| bs interest?
B has an indefeasibly vested remainder in fee simple absolute
If B dies during As life, Bs remainder passes to devisees, or heirs(if intestate) or if none, escheats to the stat
165
A remainder created in a class of persons(such as "to As kids) is vested if(2). And whats it called
(1) one member of the class is ascertained; and
(2) its not subject to a condition precedent
Vested remainder in FS subject to open
166
O conveys " to A for life, then to As. Children and their heirs. A has one child B. ID future interests.
Vested remainder in B subject to open. Cannot know his share until A dies.
167
O conveys " to A for life, then to As. Children and their heirs. A has no children at the conveyence.ID future interests.
Contingent remainder bc no taker is ascertained.
168
O conveys "to A for life, then to B's heirs" B is alive.
The remainder is contingent bc no heir is ascertained until B dies. B only has heirs apparent until B dies.
169
O conveys "to A for life, then to B and her heirs if B surivives A"
B has a contingent remainder subject to a conditon precedent. B can only take possesion if B survives A
170
O conveys "to A for life, then to B and her heirs if B surives A, if B doesnt surive A, then to C and her heirs
Alternative contingent remainders in B and C. If one vests, the other cannot.
171
O conveys " to A for life, and in the event of As death to B."
Is Bs remainder vested or contingent?
If B subsequently conveys her intrest back to O, what does O have?
B has a vested remainder in fee simble absolut
O would have a remainder in fee simple, not a reversion.
172
“I give to my daughter, Sandra Stewart for life my tract of land in Johnston County, North Carolina and then to Meta Stewart’s children and their heirs.” Meta Stewart is alive and has no children.
Fut ints
Sandra has an indefeasible life estate
173
Remainders must _____.
Bedome possosory immediately following the termination of the life estate
174
Shifting executory interest is
Divests an interest of another transferee
| I.e. cuts short a prior estate created in the same conveyence
175
"To A and her heirs, but if B returns from Canada, to B and his heirs"
A has fee simple subject to a shifting executory intrest
B has a shifting exec. Intrest, can be a remainder bc not ready to become possessory @end of As intrest
I
176
"To A for life, remainder to B and his heirs, but if B predeceases A, to C and his heirs"
C has a shifting executory interest
177
Springing executory intrest
Springing executory interests go from the grantor to a grantee upon the occurrence of some condition. Another way to put it is that there is a springing executory interest whenever there is an unavoidable gap in ownership of a present possessory estate in the land. If the gap is avoidable, then you don’t call it a springing executory interest.
178
Otis to Aleisha for life, then to Boland and his heirs, but if Boland has not married by the time of Aleisha’s death, to Carla and her heirs.”
a. Aleisha has a life estate. Boland has a vested remainder subject to total divestment (or subject to an executory limitation or subject to a condition subsequent). Carla has a shifting executory interest in fee simple absolute.
b. Aleisha still has a life estate. Boland has a vested remainder in fee simple absolute. Carla has nothing.
179
Otis to Asa and her heirs upon her graduation from law school. Assume that Asa is a member of your law school class”:
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
180
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
Amelia is granted a fee simple subject to an executory limitation and Ballard gets a shifting executory interest in fee simple absolute. [Otis gets nothing.]
181
Otis to Ava for life, and then to Barbara and her heirs if Barbara survives Ava, but if Barbara does not survive Ava, to Clarice and her heirs”
Ava gets a life estate. Barbara and Clarice get alternative contingent remainders in fee simple absolute and Otis gets a reversion. [Why does Otis have a reversion? We always act as though the life estate could end before the death of the life tenant
182
Color of title
that you have a written instrument that, in good faith, you think is valid and purports to convey the land at issue in the adverse possession suit. This instrument is, by definition, invalid. If it were valid, then you wouldn’t be an adverse possession. Also, the true owner must have notice of the instrument. Notice can be acquired by: actual notice (like telling the dude the stuff) or constructive (fictional) notice. Color, in this sense, is like “colorable”, meaning “appearing to be valid”.
183
Rule in Shelley’s Case:
a remainder in a life tenant-grantee’s heirs is deemed to be in a life tenant herself.
1. “To B for life, then to B’s heirs.” → B has a fee simple.
2. Abolished in most jurisdictions → B’s heirs have a contingent remainder.
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
184
Doctrine of Worthier Title
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
1. “To B for life, then to my heirs at law.” → B has a life estate; the grantor has a reversion
2. Generally treated as a rule of construction only → grantor’s heirs have a contingent remainder.
185
O conveys whiteacre "to A for life, then to B and her heirs if B survives A. ID future intests
O- reversion in FS
186
O conveys "to A for life, them to B and her heirs"
| Does O have a reversion
No, vested remainder
187
A remainder is a future intrest that is capable of becoming possesory at...
The termination of the prior estate
188
Exectory intrests were made possible by....
The statute of uses
189
What can exec. Intrests do that remainders cannot
Divest or cut short the preceding intrest
190
O conveys" to A for life, then to B if B gives A a proper funeral"
Does B have a remainder or an executory interest? If exec, whose interest does he divers
B has an executory intrest. Will divest Os reversion
191
A remainder is vested if: (2)
(1) it is given to an ascertained person
| 2) it is not subject to a conditon precedent (other than the natural termination of the estate
192
A remainder is contingent if: (2)
(1) it is given to an unasceryained person
(2) or it is subject to a condition precedent
Remainder is not ready to become possesory upon the expiration of the preceding estate
193
A remainder can become indefeasibly vested if
It is cert. to become possesory in the future and cannot be divested
194
O conveys "to A for life, then to B and her heirs"
| bs interest?
B has an indefeasibly vested remainder in fee simple absolute
If B dies during As life, Bs remainder passes to devisees, or heirs(if intestate) or if none, escheats to the stat
195
A remainder created in a class of persons(such as "to As kids) is vested if(2). And whats it called
(1) one member of the class is ascertained; and
(2) its not subject to a condition precedent
Vested remainder in FS subject to open
196
O conveys " to A for life, then to As. Children and their heirs. A has one child B. ID future interests.
Vested remainder in B subject to open. Cannot know his share until A dies.
197
O conveys " to A for life, then to As. Children and their heirs. A has no children at the conveyence.ID future interests.
Contingent remainder bc no taker is ascertained.
198
O conveys "to A for life, then to B's heirs" B is alive.
The remainder is contingent bc no heir is ascertained until B dies. B only has heirs apparent until B dies.
199
O conveys "to A for life, then to B and her heirs if B surivives A"
B has a contingent remainder subject to a conditon precedent. B can only take possesion if B survives A
200
O conveys "to A for life, then to B and her heirs if B surives A, if B doesnt surive A, then to C and her heirs
Alternative contingent remainders in B and C. If one vests, the other cannot.
201
O conveys " to A for life, and in the event of As death to B."
Is Bs remainder vested or contingent?
If B subsequently conveys her intrest back to O, what does O have?
B has a vested remainder in fee simble absolut
O would have a remainder in fee simple, not a reversion.
202
“I give to my daughter, Sandra Stewart for life my tract of land in Johnston County, North Carolina and then to Meta Stewart’s children and their heirs.” Meta Stewart is alive and has no children.
Fut ints
Sandra has an indefeasible life estate
203
Remainders must _____.
Bedome possosory immediately following the termination of the life estate
204
Shifting executory interest is
Divests an interest of another transferee
| I.e. cuts short a prior estate created in the same conveyence
205
"To A and her heirs, but if B returns from Canada, to B and his heirs"
A has fee simple subject to a shifting executory intrest
B has a shifting exec. Intrest, can be a remainder bc not ready to become possessory @end of As intrest
I
206
"To A for life, remainder to B and his heirs, but if B predeceases A, to C and his heirs"
C has a shifting executory interest
207
Springing executory intrest
Springing executory interests go from the grantor to a grantee upon the occurrence of some condition. Another way to put it is that there is a springing executory interest whenever there is an unavoidable gap in ownership of a present possessory estate in the land. If the gap is avoidable, then you don’t call it a springing executory interest.
208
Otis to Aleisha for life, then to Boland and his heirs, but if Boland has not married by the time of Aleisha’s death, to Carla and her heirs.”
a. Aleisha has a life estate. Boland has a vested remainder subject to total divestment (or subject to an executory limitation or subject to a condition subsequent). Carla has a shifting executory interest in fee simple absolute.
b. Aleisha still has a life estate. Boland has a vested remainder in fee simple absolute. Carla has nothing.
209
Otis to Asa and her heirs upon her graduation from law school. Assume that Asa is a member of your law school class”:
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
210
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
Amelia is granted a fee simple subject to an executory limitation and Ballard gets a shifting executory interest in fee simple absolute. [Otis gets nothing.]
211
Otis to Ava for life, and then to Barbara and her heirs if Barbara survives Ava, but if Barbara does not survive Ava, to Clarice and her heirs”
Ava gets a life estate. Barbara and Clarice get alternative contingent remainders in fee simple absolute and Otis gets a reversion. [Why does Otis have a reversion? We always act as though the life estate could end before the death of the life tenant
212
Color of title
that you have a written instrument that, in good faith, you think is valid and purports to convey the land at issue in the adverse possession suit. This instrument is, by definition, invalid. If it were valid, then you wouldn’t be an adverse possession. Also, the true owner must have notice of the instrument. Notice can be acquired by: actual notice (like telling the dude the stuff) or constructive (fictional) notice. Color, in this sense, is like “colorable”, meaning “appearing to be valid”.
213
Rule in Shelley’s Case:
a remainder in a life tenant-grantee’s heirs is deemed to be in a life tenant herself.
1. “To B for life, then to B’s heirs.” → B has a fee simple.
2. Abolished in most jurisdictions → B’s heirs have a contingent remainder.
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
214
Doctrine of Worthier Title
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
1. “To B for life, then to my heirs at law.” → B has a life estate; the grantor has a reversion
2. Generally treated as a rule of construction only → grantor’s heirs have a contingent remainder.
215
O conveys whiteacre "to A for life, then to B and her heirs if B survives A. ID future intests
O- reversion in FS
216
O conveys "to A for life, them to B and her heirs"
| Does O have a reversion
No, vested remainder
217
A remainder is a future intrest that is capable of becoming possesory at...
The termination of the prior estate
218
Exectory intrests were made possible by....
The statute of uses
219
What can exec. Intrests do that remainders cannot
Divest or cut short the preceding intrest
220
O conveys" to A for life, then to B if B gives A a proper funeral"
Does B have a remainder or an executory interest? If exec, whose interest does he divers
B has an executory intrest. Will divest Os reversion
221
A remainder is vested if: (2)
(1) it is given to an ascertained person
| 2) it is not subject to a conditon precedent (other than the natural termination of the estate
222
A remainder is contingent if: (2)
(1) it is given to an unasceryained person
(2) or it is subject to a condition precedent
Remainder is not ready to become possesory upon the expiration of the preceding estate
223
A remainder can become indefeasibly vested if
It is cert. to become possesory in the future and cannot be divested
224
O conveys "to A for life, then to B and her heirs"
| bs interest?
B has an indefeasibly vested remainder in fee simple absolute
If B dies during As life, Bs remainder passes to devisees, or heirs(if intestate) or if none, escheats to the stat
225
A remainder created in a class of persons(such as "to As kids) is vested if(2). And whats it called
(1) one member of the class is ascertained; and
(2) its not subject to a condition precedent
Vested remainder in FS subject to open
226
O conveys " to A for life, then to As. Children and their heirs. A has one child B. ID future interests.
Vested remainder in B subject to open. Cannot know his share until A dies.
227
O conveys " to A for life, then to As. Children and their heirs. A has no children at the conveyence.ID future interests.
Contingent remainder bc no taker is ascertained.
228
O conveys "to A for life, then to B's heirs" B is alive.
The remainder is contingent bc no heir is ascertained until B dies. B only has heirs apparent until B dies.
229
O conveys "to A for life, then to B and her heirs if B surivives A"
B has a contingent remainder subject to a conditon precedent. B can only take possesion if B survives A
230
O conveys "to A for life, then to B and her heirs if B surives A, if B doesnt surive A, then to C and her heirs
Alternative contingent remainders in B and C. If one vests, the other cannot.
231
O conveys " to A for life, and in the event of As death to B."
Is Bs remainder vested or contingent?
If B subsequently conveys her intrest back to O, what does O have?
B has a vested remainder in fee simble absolut
O would have a remainder in fee simple, not a reversion.
232
“I give to my daughter, Sandra Stewart for life my tract of land in Johnston County, North Carolina and then to Meta Stewart’s children and their heirs.” Meta Stewart is alive and has no children.
Fut ints
Sandra has an indefeasible life estate
233
Remainders must _____.
Bedome possosory immediately following the termination of the life estate
234
Shifting executory interest is
Divests an interest of another transferee
| I.e. cuts short a prior estate created in the same conveyence
235
"To A and her heirs, but if B returns from Canada, to B and his heirs"
A has fee simple subject to a shifting executory intrest
B has a shifting exec. Intrest, can be a remainder bc not ready to become possessory @end of As intrest
I
236
"To A for life, remainder to B and his heirs, but if B predeceases A, to C and his heirs"
C has a shifting executory interest
237
Springing executory intrest
Springing executory interests go from the grantor to a grantee upon the occurrence of some condition. Another way to put it is that there is a springing executory interest whenever there is an unavoidable gap in ownership of a present possessory estate in the land. If the gap is avoidable, then you don’t call it a springing executory interest.
238
Otis to Aleisha for life, then to Boland and his heirs, but if Boland has not married by the time of Aleisha’s death, to Carla and her heirs.”
a. Aleisha has a life estate. Boland has a vested remainder subject to total divestment (or subject to an executory limitation or subject to a condition subsequent). Carla has a shifting executory interest in fee simple absolute.
b. Aleisha still has a life estate. Boland has a vested remainder in fee simple absolute. Carla has nothing.
239
Otis to Asa and her heirs upon her graduation from law school. Assume that Asa is a member of your law school class”:
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
240
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
Amelia is granted a fee simple subject to an executory limitation and Ballard gets a shifting executory interest in fee simple absolute. [Otis gets nothing.]
241
Otis to Ava for life, and then to Barbara and her heirs if Barbara survives Ava, but if Barbara does not survive Ava, to Clarice and her heirs”
Ava gets a life estate. Barbara and Clarice get alternative contingent remainders in fee simple absolute and Otis gets a reversion. [Why does Otis have a reversion? We always act as though the life estate could end before the death of the life tenant
242
Color of title
that you have a written instrument that, in good faith, you think is valid and purports to convey the land at issue in the adverse possession suit. This instrument is, by definition, invalid. If it were valid, then you wouldn’t be an adverse possession. Also, the true owner must have notice of the instrument. Notice can be acquired by: actual notice (like telling the dude the stuff) or constructive (fictional) notice. Color, in this sense, is like “colorable”, meaning “appearing to be valid”.
243
Rule in Shelley’s Case:
a remainder in a life tenant-grantee’s heirs is deemed to be in a life tenant herself.
1. “To B for life, then to B’s heirs.” → B has a fee simple.
2. Abolished in most jurisdictions → B’s heirs have a contingent remainder.
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
244
Doctrine of Worthier Title
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
1. “To B for life, then to my heirs at law.” → B has a life estate; the grantor has a reversion
2. Generally treated as a rule of construction only → grantor’s heirs have a contingent remainder.
245
O conveys whiteacre "to A for life, then to B and her heirs if B survives A. ID future intests
O- reversion in FS
246
O conveys "to A for life, them to B and her heirs"
| Does O have a reversion
No, vested remainder
247
A remainder is a future intrest that is capable of becoming possesory at...
The termination of the prior estate
248
Exectory intrests were made possible by....
The statute of uses
249
What can exec. Intrests do that remainders cannot
Divest or cut short the preceding intrest
250
O conveys" to A for life, then to B if B gives A a proper funeral"
Does B have a remainder or an executory interest? If exec, whose interest does he divers
B has an executory intrest. Will divest Os reversion
251
A remainder is vested if: (2)
(1) it is given to an ascertained person
| 2) it is not subject to a conditon precedent (other than the natural termination of the estate
252
A remainder is contingent if: (2)
(1) it is given to an unasceryained person
(2) or it is subject to a condition precedent
Remainder is not ready to become possesory upon the expiration of the preceding estate
253
A remainder can become indefeasibly vested if
It is cert. to become possesory in the future and cannot be divested
254
O conveys "to A for life, then to B and her heirs"
| bs interest?
B has an indefeasibly vested remainder in fee simple absolute
If B dies during As life, Bs remainder passes to devisees, or heirs(if intestate) or if none, escheats to the stat
255
A remainder created in a class of persons(such as "to As kids) is vested if(2). And whats it called
(1) one member of the class is ascertained; and
(2) its not subject to a condition precedent
Vested remainder in FS subject to open
256
O conveys " to A for life, then to As. Children and their heirs. A has one child B. ID future interests.
Vested remainder in B subject to open. Cannot know his share until A dies.
257
O conveys " to A for life, then to As. Children and their heirs. A has no children at the conveyence.ID future interests.
Contingent remainder bc no taker is ascertained.
258
O conveys "to A for life, then to B's heirs" B is alive.
The remainder is contingent bc no heir is ascertained until B dies. B only has heirs apparent until B dies.
259
O conveys "to A for life, then to B and her heirs if B surivives A"
B has a contingent remainder subject to a conditon precedent. B can only take possesion if B survives A
260
O conveys "to A for life, then to B and her heirs if B surives A, if B doesnt surive A, then to C and her heirs
Alternative contingent remainders in B and C. If one vests, the other cannot.
261
O conveys " to A for life, and in the event of As death to B."
Is Bs remainder vested or contingent?
If B subsequently conveys her intrest back to O, what does O have?
B has a vested remainder in fee simble absolut
O would have a remainder in fee simple, not a reversion.
262
“I give to my daughter, Sandra Stewart for life my tract of land in Johnston County, North Carolina and then to Meta Stewart’s children and their heirs.” Meta Stewart is alive and has no children.
Fut ints
Sandra has an indefeasible life estate
263
Remainders must _____.
Bedome possosory immediately following the termination of the life estate
264
Shifting executory interest is
Divests an interest of another transferee
| I.e. cuts short a prior estate created in the same conveyence
265
"To A and her heirs, but if B returns from Canada, to B and his heirs"
A has fee simple subject to a shifting executory intrest
B has a shifting exec. Intrest, can be a remainder bc not ready to become possessory @end of As intrest
I
266
"To A for life, remainder to B and his heirs, but if B predeceases A, to C and his heirs"
C has a shifting executory interest
267
Springing executory intrest
Springing executory interests go from the grantor to a grantee upon the occurrence of some condition. Another way to put it is that there is a springing executory interest whenever there is an unavoidable gap in ownership of a present possessory estate in the land. If the gap is avoidable, then you don’t call it a springing executory interest.
268
Otis to Aleisha for life, then to Boland and his heirs, but if Boland has not married by the time of Aleisha’s death, to Carla and her heirs.”
a. Aleisha has a life estate. Boland has a vested remainder subject to total divestment (or subject to an executory limitation or subject to a condition subsequent). Carla has a shifting executory interest in fee simple absolute.
b. Aleisha still has a life estate. Boland has a vested remainder in fee simple absolute. Carla has nothing.
269
Otis to Asa and her heirs upon her graduation from law school. Assume that Asa is a member of your law school class”:
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
270
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
Amelia is granted a fee simple subject to an executory limitation and Ballard gets a shifting executory interest in fee simple absolute. [Otis gets nothing.]
271
Otis to Ava for life, and then to Barbara and her heirs if Barbara survives Ava, but if Barbara does not survive Ava, to Clarice and her heirs”
Ava gets a life estate. Barbara and Clarice get alternative contingent remainders in fee simple absolute and Otis gets a reversion. [Why does Otis have a reversion? We always act as though the life estate could end before the death of the life tenant
272
Color of title
that you have a written instrument that, in good faith, you think is valid and purports to convey the land at issue in the adverse possession suit. This instrument is, by definition, invalid. If it were valid, then you wouldn’t be an adverse possession. Also, the true owner must have notice of the instrument. Notice can be acquired by: actual notice (like telling the dude the stuff) or constructive (fictional) notice. Color, in this sense, is like “colorable”, meaning “appearing to be valid”.
273
Rule in Shelley’s Case:
a remainder in a life tenant-grantee’s heirs is deemed to be in a life tenant herself.
1. “To B for life, then to B’s heirs.” → B has a fee simple.
2. Abolished in most jurisdictions → B’s heirs have a contingent remainder.
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
274
Doctrine of Worthier Title
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
1. “To B for life, then to my heirs at law.” → B has a life estate; the grantor has a reversion
2. Generally treated as a rule of construction only → grantor’s heirs have a contingent remainder.
275
O conveys whiteacre "to A for life, then to B and her heirs if B survives A. ID future intests
O- reversion in FS
276
O conveys "to A for life, them to B and her heirs"
| Does O have a reversion
No, vested remainder
277
A remainder is a future intrest that is capable of becoming possesory at...
The termination of the prior estate
278
Exectory intrests were made possible by....
The statute of uses
279
What can exec. Intrests do that remainders cannot
Divest or cut short the preceding intrest
280
O conveys" to A for life, then to B if B gives A a proper funeral"
Does B have a remainder or an executory interest? If exec, whose interest does he divers
B has an executory intrest. Will divest Os reversion
281
A remainder is vested if: (2)
(1) it is given to an ascertained person
| 2) it is not subject to a conditon precedent (other than the natural termination of the estate
282
A remainder is contingent if: (2)
(1) it is given to an unasceryained person
(2) or it is subject to a condition precedent
Remainder is not ready to become possesory upon the expiration of the preceding estate
283
A remainder can become indefeasibly vested if
It is cert. to become possesory in the future and cannot be divested
284
O conveys "to A for life, then to B and her heirs"
| bs interest?
B has an indefeasibly vested remainder in fee simple absolute
If B dies during As life, Bs remainder passes to devisees, or heirs(if intestate) or if none, escheats to the stat
285
A remainder created in a class of persons(such as "to As kids) is vested if(2). And whats it called
(1) one member of the class is ascertained; and
(2) its not subject to a condition precedent
Vested remainder in FS subject to open
286
O conveys " to A for life, then to As. Children and their heirs. A has one child B. ID future interests.
Vested remainder in B subject to open. Cannot know his share until A dies.
287
O conveys " to A for life, then to As. Children and their heirs. A has no children at the conveyence.ID future interests.
Contingent remainder bc no taker is ascertained.
288
O conveys "to A for life, then to B's heirs" B is alive.
The remainder is contingent bc no heir is ascertained until B dies. B only has heirs apparent until B dies.
289
O conveys "to A for life, then to B and her heirs if B surivives A"
B has a contingent remainder subject to a conditon precedent. B can only take possesion if B survives A
290
O conveys "to A for life, then to B and her heirs if B surives A, if B doesnt surive A, then to C and her heirs
Alternative contingent remainders in B and C. If one vests, the other cannot.
291
O conveys " to A for life, and in the event of As death to B."
Is Bs remainder vested or contingent?
If B subsequently conveys her intrest back to O, what does O have?
B has a vested remainder in fee simble absolut
O would have a remainder in fee simple, not a reversion.
292
“I give to my daughter, Sandra Stewart for life my tract of land in Johnston County, North Carolina and then to Meta Stewart’s children and their heirs.” Meta Stewart is alive and has no children.
Fut ints
Sandra has an indefeasible life estate
293
Remainders must _____.
Bedome possosory immediately following the termination of the life estate
294
Shifting executory interest is
Divests an interest of another transferee
| I.e. cuts short a prior estate created in the same conveyence
295
"To A and her heirs, but if B returns from Canada, to B and his heirs"
A has fee simple subject to a shifting executory intrest
B has a shifting exec. Intrest, can be a remainder bc not ready to become possessory @end of As intrest
I
296
"To A for life, remainder to B and his heirs, but if B predeceases A, to C and his heirs"
C has a shifting executory interest
297
Springing executory intrest
Springing executory interests go from the grantor to a grantee upon the occurrence of some condition. Another way to put it is that there is a springing executory interest whenever there is an unavoidable gap in ownership of a present possessory estate in the land. If the gap is avoidable, then you don’t call it a springing executory interest.
298
Otis to Aleisha for life, then to Boland and his heirs, but if Boland has not married by the time of Aleisha’s death, to Carla and her heirs.”
a. Aleisha has a life estate. Boland has a vested remainder subject to total divestment (or subject to an executory limitation or subject to a condition subsequent). Carla has a shifting executory interest in fee simple absolute.
b. Aleisha still has a life estate. Boland has a vested remainder in fee simple absolute. Carla has nothing.
299
Otis to Asa and her heirs upon her graduation from law school. Assume that Asa is a member of your law school class”:
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
300
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
Amelia is granted a fee simple subject to an executory limitation and Ballard gets a shifting executory interest in fee simple absolute. [Otis gets nothing.]
301
Otis to Ava for life, and then to Barbara and her heirs if Barbara survives Ava, but if Barbara does not survive Ava, to Clarice and her heirs”
Ava gets a life estate. Barbara and Clarice get alternative contingent remainders in fee simple absolute and Otis gets a reversion. [Why does Otis have a reversion? We always act as though the life estate could end before the death of the life tenant
302
Color of title
that you have a written instrument that, in good faith, you think is valid and purports to convey the land at issue in the adverse possession suit. This instrument is, by definition, invalid. If it were valid, then you wouldn’t be an adverse possession. Also, the true owner must have notice of the instrument. Notice can be acquired by: actual notice (like telling the dude the stuff) or constructive (fictional) notice. Color, in this sense, is like “colorable”, meaning “appearing to be valid”.
303
Rule in Shelley’s Case:
a remainder in a life tenant-grantee’s heirs is deemed to be in a life tenant herself.
1. “To B for life, then to B’s heirs.” → B has a fee simple.
2. Abolished in most jurisdictions → B’s heirs have a contingent remainder.
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
304
Doctrine of Worthier Title
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
1. “To B for life, then to my heirs at law.” → B has a life estate; the grantor has a reversion
2. Generally treated as a rule of construction only → grantor’s heirs have a contingent remainder.
305
O conveys whiteacre "to A for life, then to B and her heirs if B survives A. ID future intests
O- reversion in FS
306
O conveys "to A for life, them to B and her heirs"
| Does O have a reversion
No, vested remainder
307
A remainder is a future intrest that is capable of becoming possesory at...
The termination of the prior estate
308
Exectory intrests were made possible by....
The statute of uses
309
What can exec. Intrests do that remainders cannot
Divest or cut short the preceding intrest
310
O conveys" to A for life, then to B if B gives A a proper funeral"
Does B have a remainder or an executory interest? If exec, whose interest does he divers
B has an executory intrest. Will divest Os reversion
311
A remainder is vested if: (2)
(1) it is given to an ascertained person
| 2) it is not subject to a conditon precedent (other than the natural termination of the estate
312
A remainder is contingent if: (2)
(1) it is given to an unasceryained person
(2) or it is subject to a condition precedent
Remainder is not ready to become possesory upon the expiration of the preceding estate
313
A remainder can become indefeasibly vested if
It is cert. to become possesory in the future and cannot be divested
314
O conveys "to A for life, then to B and her heirs"
| bs interest?
B has an indefeasibly vested remainder in fee simple absolute
If B dies during As life, Bs remainder passes to devisees, or heirs(if intestate) or if none, escheats to the stat
315
A remainder created in a class of persons(such as "to As kids) is vested if(2). And whats it called
(1) one member of the class is ascertained; and
(2) its not subject to a condition precedent
Vested remainder in FS subject to open
316
O conveys " to A for life, then to As. Children and their heirs. A has one child B. ID future interests.
Vested remainder in B subject to open. Cannot know his share until A dies.
317
O conveys " to A for life, then to As. Children and their heirs. A has no children at the conveyence.ID future interests.
Contingent remainder bc no taker is ascertained.
318
O conveys "to A for life, then to B's heirs" B is alive.
The remainder is contingent bc no heir is ascertained until B dies. B only has heirs apparent until B dies.
319
O conveys "to A for life, then to B and her heirs if B surivives A"
B has a contingent remainder subject to a conditon precedent. B can only take possesion if B survives A
320
O conveys "to A for life, then to B and her heirs if B surives A, if B doesnt surive A, then to C and her heirs
Alternative contingent remainders in B and C. If one vests, the other cannot.
321
O conveys " to A for life, and in the event of As death to B."
Is Bs remainder vested or contingent?
If B subsequently conveys her intrest back to O, what does O have?
B has a vested remainder in fee simble absolut
O would have a remainder in fee simple, not a reversion.
322
“I give to my daughter, Sandra Stewart for life my tract of land in Johnston County, North Carolina and then to Meta Stewart’s children and their heirs.” Meta Stewart is alive and has no children.
Fut ints
Sandra has an indefeasible life estate
323
Remainders must _____.
Bedome possosory immediately following the termination of the life estate
324
Shifting executory interest is
Divests an interest of another transferee
| I.e. cuts short a prior estate created in the same conveyence
325
"To A and her heirs, but if B returns from Canada, to B and his heirs"
A has fee simple subject to a shifting executory intrest
B has a shifting exec. Intrest, can be a remainder bc not ready to become possessory @end of As intrest
I
326
"To A for life, remainder to B and his heirs, but if B predeceases A, to C and his heirs"
C has a shifting executory interest
327
Springing executory intrest
Springing executory interests go from the grantor to a grantee upon the occurrence of some condition. Another way to put it is that there is a springing executory interest whenever there is an unavoidable gap in ownership of a present possessory estate in the land. If the gap is avoidable, then you don’t call it a springing executory interest.
328
Otis to Aleisha for life, then to Boland and his heirs, but if Boland has not married by the time of Aleisha’s death, to Carla and her heirs.”
a. Aleisha has a life estate. Boland has a vested remainder subject to total divestment (or subject to an executory limitation or subject to a condition subsequent). Carla has a shifting executory interest in fee simple absolute.
b. Aleisha still has a life estate. Boland has a vested remainder in fee simple absolute. Carla has nothing.
329
Otis to Asa and her heirs upon her graduation from law school. Assume that Asa is a member of your law school class”:
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
330
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
Amelia is granted a fee simple subject to an executory limitation and Ballard gets a shifting executory interest in fee simple absolute. [Otis gets nothing.]
331
Otis to Ava for life, and then to Barbara and her heirs if Barbara survives Ava, but if Barbara does not survive Ava, to Clarice and her heirs”
Ava gets a life estate. Barbara and Clarice get alternative contingent remainders in fee simple absolute and Otis gets a reversion. [Why does Otis have a reversion? We always act as though the life estate could end before the death of the life tenant
332
Color of title
that you have a written instrument that, in good faith, you think is valid and purports to convey the land at issue in the adverse possession suit. This instrument is, by definition, invalid. If it were valid, then you wouldn’t be an adverse possession. Also, the true owner must have notice of the instrument. Notice can be acquired by: actual notice (like telling the dude the stuff) or constructive (fictional) notice. Color, in this sense, is like “colorable”, meaning “appearing to be valid”.
333
Rule in Shelley’s Case:
a remainder in a life tenant-grantee’s heirs is deemed to be in a life tenant herself.
1. “To B for life, then to B’s heirs.” → B has a fee simple.
2. Abolished in most jurisdictions → B’s heirs have a contingent remainder.
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
334
Doctrine of Worthier Title
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
1. “To B for life, then to my heirs at law.” → B has a life estate; the grantor has a reversion
2. Generally treated as a rule of construction only → grantor’s heirs have a contingent remainder.
335
“I give to my daughter, Sandra Stewart for life my tract of land in Johnston County, North Carolina and then to Meta Stewart’s children and their heirs.” Meta Stewart is alive and has no children.
Fut ints
Sandra has an indefeasible life estate
336
Remainders must _____.
Bedome possosory immediately following the termination of the life estate
337
Shifting executory interest is
Divests an interest of another transferee
| I.e. cuts short a prior estate created in the same conveyence
338
"To A and her heirs, but if B returns from Canada, to B and his heirs"
A has fee simple subject to a shifting executory intrest
B has a shifting exec. Intrest, can be a remainder bc not ready to become possessory @end of As intrest
I
339
"To A for life, remainder to B and his heirs, but if B predeceases A, to C and his heirs"
C has a shifting executory interest
340
Springing executory intrest
Springing executory interests go from the grantor to a grantee upon the occurrence of some condition. Another way to put it is that there is a springing executory interest whenever there is an unavoidable gap in ownership of a present possessory estate in the land. If the gap is avoidable, then you don’t call it a springing executory interest.
341
Otis to Aleisha for life, then to Boland and his heirs, but if Boland has not married by the time of Aleisha’s death, to Carla and her heirs.”
a. Aleisha has a life estate. Boland has a vested remainder subject to total divestment (or subject to an executory limitation or subject to a condition subsequent). Carla has a shifting executory interest in fee simple absolute.
b. Aleisha still has a life estate. Boland has a vested remainder in fee simple absolute. Carla has nothing.
342
Otis to Asa and her heirs upon her graduation from law school. Assume that Asa is a member of your law school class”:
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
343
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
Amelia is granted a fee simple subject to an executory limitation and Ballard gets a shifting executory interest in fee simple absolute. [Otis gets nothing.]
344
Otis to Ava for life, and then to Barbara and her heirs if Barbara survives Ava, but if Barbara does not survive Ava, to Clarice and her heirs”
Ava gets a life estate. Barbara and Clarice get alternative contingent remainders in fee simple absolute and Otis gets a reversion. [Why does Otis have a reversion? We always act as though the life estate could end before the death of the life tenant
345
Color of title
that you have a written instrument that, in good faith, you think is valid and purports to convey the land at issue in the adverse possession suit. This instrument is, by definition, invalid. If it were valid, then you wouldn’t be an adverse possession. Also, the true owner must have notice of the instrument. Notice can be acquired by: actual notice (like telling the dude the stuff) or constructive (fictional) notice. Color, in this sense, is like “colorable”, meaning “appearing to be valid”.
346
Rule in Shelley’s Case:
a remainder in a life tenant-grantee’s heirs is deemed to be in a life tenant herself.
1. “To B for life, then to B’s heirs.” → B has a fee simple.
2. Abolished in most jurisdictions → B’s heirs have a contingent remainder.
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
347
Doctrine of Worthier Title
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
1. “To B for life, then to my heirs at law.” → B has a life estate; the grantor has a reversion
2. Generally treated as a rule of construction only → grantor’s heirs have a contingent remainder.
348
“I give to my daughter, Sandra Stewart for life my tract of land in Johnston County, North Carolina and then to Meta Stewart’s children and their heirs.” Meta Stewart is alive and has no children.
Fut ints
Sandra has an indefeasible life estate
349
Remainders must _____.
Bedome possosory immediately following the termination of the life estate
350
Shifting executory interest is
Divests an interest of another transferee
| I.e. cuts short a prior estate created in the same conveyence
351
"To A and her heirs, but if B returns from Canada, to B and his heirs"
A has fee simple subject to a shifting executory intrest
B has a shifting exec. Intrest, can be a remainder bc not ready to become possessory @end of As intrest
I
352
"To A for life, remainder to B and his heirs, but if B predeceases A, to C and his heirs"
C has a shifting executory interest
353
Springing executory intrest
Springing executory interests go from the grantor to a grantee upon the occurrence of some condition. Another way to put it is that there is a springing executory interest whenever there is an unavoidable gap in ownership of a present possessory estate in the land. If the gap is avoidable, then you don’t call it a springing executory interest.
354
Otis to Aleisha for life, then to Boland and his heirs, but if Boland has not married by the time of Aleisha’s death, to Carla and her heirs.”
a. Aleisha has a life estate. Boland has a vested remainder subject to total divestment (or subject to an executory limitation or subject to a condition subsequent). Carla has a shifting executory interest in fee simple absolute.
b. Aleisha still has a life estate. Boland has a vested remainder in fee simple absolute. Carla has nothing.
355
Otis to Asa and her heirs upon her graduation from law school. Assume that Asa is a member of your law school class”:
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
356
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
Amelia is granted a fee simple subject to an executory limitation and Ballard gets a shifting executory interest in fee simple absolute. [Otis gets nothing.]
357
Otis to Ava for life, and then to Barbara and her heirs if Barbara survives Ava, but if Barbara does not survive Ava, to Clarice and her heirs”
Ava gets a life estate. Barbara and Clarice get alternative contingent remainders in fee simple absolute and Otis gets a reversion. [Why does Otis have a reversion? We always act as though the life estate could end before the death of the life tenant
358
Color of title
that you have a written instrument that, in good faith, you think is valid and purports to convey the land at issue in the adverse possession suit. This instrument is, by definition, invalid. If it were valid, then you wouldn’t be an adverse possession. Also, the true owner must have notice of the instrument. Notice can be acquired by: actual notice (like telling the dude the stuff) or constructive (fictional) notice. Color, in this sense, is like “colorable”, meaning “appearing to be valid”.
359
Rule in Shelley’s Case:
a remainder in a life tenant-grantee’s heirs is deemed to be in a life tenant herself.
1. “To B for life, then to B’s heirs.” → B has a fee simple.
2. Abolished in most jurisdictions → B’s heirs have a contingent remainder.
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
360
Doctrine of Worthier Title
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
1. “To B for life, then to my heirs at law.” → B has a life estate; the grantor has a reversion
2. Generally treated as a rule of construction only → grantor’s heirs have a contingent remainder.
361
“I give to my daughter, Sandra Stewart for life my tract of land in Johnston County, North Carolina and then to Meta Stewart’s children and their heirs.” Meta Stewart is alive and has no children.
Fut ints
Sandra has an indefeasible life estate
362
Remainders must _____.
Bedome possosory immediately following the termination of the life estate
363
Shifting executory interest is
Divests an interest of another transferee
| I.e. cuts short a prior estate created in the same conveyence
364
"To A and her heirs, but if B returns from Canada, to B and his heirs"
A has fee simple subject to a shifting executory intrest
B has a shifting exec. Intrest, can be a remainder bc not ready to become possessory @end of As intrest
I
365
"To A for life, remainder to B and his heirs, but if B predeceases A, to C and his heirs"
C has a shifting executory interest
366
Springing executory intrest
Springing executory interests go from the grantor to a grantee upon the occurrence of some condition. Another way to put it is that there is a springing executory interest whenever there is an unavoidable gap in ownership of a present possessory estate in the land. If the gap is avoidable, then you don’t call it a springing executory interest.
367
Otis to Aleisha for life, then to Boland and his heirs, but if Boland has not married by the time of Aleisha’s death, to Carla and her heirs.”
a. Aleisha has a life estate. Boland has a vested remainder subject to total divestment (or subject to an executory limitation or subject to a condition subsequent). Carla has a shifting executory interest in fee simple absolute.
b. Aleisha still has a life estate. Boland has a vested remainder in fee simple absolute. Carla has nothing.
368
Otis to Asa and her heirs upon her graduation from law school. Assume that Asa is a member of your law school class”:
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
369
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
Amelia is granted a fee simple subject to an executory limitation and Ballard gets a shifting executory interest in fee simple absolute. [Otis gets nothing.]
370
Otis to Ava for life, and then to Barbara and her heirs if Barbara survives Ava, but if Barbara does not survive Ava, to Clarice and her heirs”
Ava gets a life estate. Barbara and Clarice get alternative contingent remainders in fee simple absolute and Otis gets a reversion. [Why does Otis have a reversion? We always act as though the life estate could end before the death of the life tenant
371
Color of title
that you have a written instrument that, in good faith, you think is valid and purports to convey the land at issue in the adverse possession suit. This instrument is, by definition, invalid. If it were valid, then you wouldn’t be an adverse possession. Also, the true owner must have notice of the instrument. Notice can be acquired by: actual notice (like telling the dude the stuff) or constructive (fictional) notice. Color, in this sense, is like “colorable”, meaning “appearing to be valid”.
372
Rule in Shelley’s Case:
a remainder in a life tenant-grantee’s heirs is deemed to be in a life tenant herself.
1. “To B for life, then to B’s heirs.” → B has a fee simple.
2. Abolished in most jurisdictions → B’s heirs have a contingent remainder.
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
373
Doctrine of Worthier Title
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
1. “To B for life, then to my heirs at law.” → B has a life estate; the grantor has a reversion
2. Generally treated as a rule of construction only → grantor’s heirs have a contingent remainder.
374
“I give to my daughter, Sandra Stewart for life my tract of land in Johnston County, North Carolina and then to Meta Stewart’s children and their heirs.” Meta Stewart is alive and has no children.
Fut ints
Sandra has an indefeasible life estate
375
Remainders must _____.
Bedome possosory immediately following the termination of the life estate
376
Shifting executory interest is
Divests an interest of another transferee
| I.e. cuts short a prior estate created in the same conveyence
377
"To A and her heirs, but if B returns from Canada, to B and his heirs"
A has fee simple subject to a shifting executory intrest
B has a shifting exec. Intrest, can be a remainder bc not ready to become possessory @end of As intrest
I
378
"To A for life, remainder to B and his heirs, but if B predeceases A, to C and his heirs"
C has a shifting executory interest
379
Springing executory intrest
Springing executory interests go from the grantor to a grantee upon the occurrence of some condition. Another way to put it is that there is a springing executory interest whenever there is an unavoidable gap in ownership of a present possessory estate in the land. If the gap is avoidable, then you don’t call it a springing executory interest.
380
Otis to Aleisha for life, then to Boland and his heirs, but if Boland has not married by the time of Aleisha’s death, to Carla and her heirs.”
a. Aleisha has a life estate. Boland has a vested remainder subject to total divestment (or subject to an executory limitation or subject to a condition subsequent). Carla has a shifting executory interest in fee simple absolute.
b. Aleisha still has a life estate. Boland has a vested remainder in fee simple absolute. Carla has nothing.
381
Otis to Asa and her heirs upon her graduation from law school. Assume that Asa is a member of your law school class”:
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
382
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
Amelia is granted a fee simple subject to an executory limitation and Ballard gets a shifting executory interest in fee simple absolute. [Otis gets nothing.]
383
Otis to Ava for life, and then to Barbara and her heirs if Barbara survives Ava, but if Barbara does not survive Ava, to Clarice and her heirs”
Ava gets a life estate. Barbara and Clarice get alternative contingent remainders in fee simple absolute and Otis gets a reversion. [Why does Otis have a reversion? We always act as though the life estate could end before the death of the life tenant
384
Color of title
that you have a written instrument that, in good faith, you think is valid and purports to convey the land at issue in the adverse possession suit. This instrument is, by definition, invalid. If it were valid, then you wouldn’t be an adverse possession. Also, the true owner must have notice of the instrument. Notice can be acquired by: actual notice (like telling the dude the stuff) or constructive (fictional) notice. Color, in this sense, is like “colorable”, meaning “appearing to be valid”.
385
Rule in Shelley’s Case:
a remainder in a life tenant-grantee’s heirs is deemed to be in a life tenant herself.
1. “To B for life, then to B’s heirs.” → B has a fee simple.
2. Abolished in most jurisdictions → B’s heirs have a contingent remainder.
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
386
Doctrine of Worthier Title
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
1. “To B for life, then to my heirs at law.” → B has a life estate; the grantor has a reversion
2. Generally treated as a rule of construction only → grantor’s heirs have a contingent remainder.
387
“I give to my daughter, Sandra Stewart for life my tract of land in Johnston County, North Carolina and then to Meta Stewart’s children and their heirs.” Meta Stewart is alive and has no children.
Fut ints
Sandra has an indefeasible life estate
388
Remainders must _____.
Bedome possosory immediately following the termination of the life estate
389
Shifting executory interest is
Divests an interest of another transferee
| I.e. cuts short a prior estate created in the same conveyence
390
"To A and her heirs, but if B returns from Canada, to B and his heirs"
A has fee simple subject to a shifting executory intrest
B has a shifting exec. Intrest, can be a remainder bc not ready to become possessory @end of As intrest
I
391
"To A for life, remainder to B and his heirs, but if B predeceases A, to C and his heirs"
C has a shifting executory interest
392
Springing executory intrest
Springing executory interests go from the grantor to a grantee upon the occurrence of some condition. Another way to put it is that there is a springing executory interest whenever there is an unavoidable gap in ownership of a present possessory estate in the land. If the gap is avoidable, then you don’t call it a springing executory interest.
393
Otis to Aleisha for life, then to Boland and his heirs, but if Boland has not married by the time of Aleisha’s death, to Carla and her heirs.”
a. Aleisha has a life estate. Boland has a vested remainder subject to total divestment (or subject to an executory limitation or subject to a condition subsequent). Carla has a shifting executory interest in fee simple absolute.
b. Aleisha still has a life estate. Boland has a vested remainder in fee simple absolute. Carla has nothing.
394
Otis to Asa and her heirs upon her graduation from law school. Assume that Asa is a member of your law school class”:
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
395
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
Amelia is granted a fee simple subject to an executory limitation and Ballard gets a shifting executory interest in fee simple absolute. [Otis gets nothing.]
396
Otis to Ava for life, and then to Barbara and her heirs if Barbara survives Ava, but if Barbara does not survive Ava, to Clarice and her heirs”
Ava gets a life estate. Barbara and Clarice get alternative contingent remainders in fee simple absolute and Otis gets a reversion. [Why does Otis have a reversion? We always act as though the life estate could end before the death of the life tenant
397
Color of title
that you have a written instrument that, in good faith, you think is valid and purports to convey the land at issue in the adverse possession suit. This instrument is, by definition, invalid. If it were valid, then you wouldn’t be an adverse possession. Also, the true owner must have notice of the instrument. Notice can be acquired by: actual notice (like telling the dude the stuff) or constructive (fictional) notice. Color, in this sense, is like “colorable”, meaning “appearing to be valid”.
398
Rule in Shelley’s Case:
a remainder in a life tenant-grantee’s heirs is deemed to be in a life tenant herself.
1. “To B for life, then to B’s heirs.” → B has a fee simple.
2. Abolished in most jurisdictions → B’s heirs have a contingent remainder.
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
399
Doctrine of Worthier Title
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
1. “To B for life, then to my heirs at law.” → B has a life estate; the grantor has a reversion
2. Generally treated as a rule of construction only → grantor’s heirs have a contingent remainder.
400
“I give to my daughter, Sandra Stewart for life my tract of land in Johnston County, North Carolina and then to Meta Stewart’s children and their heirs.” Meta Stewart is alive and has no children.
Fut ints
Sandra has an indefeasible life estate
401
Remainders must _____.
Bedome possosory immediately following the termination of the life estate
402
Shifting executory interest is
Divests an interest of another transferee
| I.e. cuts short a prior estate created in the same conveyence
403
"To A and her heirs, but if B returns from Canada, to B and his heirs"
A has fee simple subject to a shifting executory intrest
B has a shifting exec. Intrest, can be a remainder bc not ready to become possessory @end of As intrest
I
404
"To A for life, remainder to B and his heirs, but if B predeceases A, to C and his heirs"
C has a shifting executory interest
405
Springing executory intrest
Springing executory interests go from the grantor to a grantee upon the occurrence of some condition. Another way to put it is that there is a springing executory interest whenever there is an unavoidable gap in ownership of a present possessory estate in the land. If the gap is avoidable, then you don’t call it a springing executory interest.
406
Otis to Aleisha for life, then to Boland and his heirs, but if Boland has not married by the time of Aleisha’s death, to Carla and her heirs.”
a. Aleisha has a life estate. Boland has a vested remainder subject to total divestment (or subject to an executory limitation or subject to a condition subsequent). Carla has a shifting executory interest in fee simple absolute.
b. Aleisha still has a life estate. Boland has a vested remainder in fee simple absolute. Carla has nothing.
407
Otis to Asa and her heirs upon her graduation from law school. Assume that Asa is a member of your law school class”:
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
408
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
Amelia is granted a fee simple subject to an executory limitation and Ballard gets a shifting executory interest in fee simple absolute. [Otis gets nothing.]
409
Otis to Ava for life, and then to Barbara and her heirs if Barbara survives Ava, but if Barbara does not survive Ava, to Clarice and her heirs”
Ava gets a life estate. Barbara and Clarice get alternative contingent remainders in fee simple absolute and Otis gets a reversion. [Why does Otis have a reversion? We always act as though the life estate could end before the death of the life tenant
410
Color of title
that you have a written instrument that, in good faith, you think is valid and purports to convey the land at issue in the adverse possession suit. This instrument is, by definition, invalid. If it were valid, then you wouldn’t be an adverse possession. Also, the true owner must have notice of the instrument. Notice can be acquired by: actual notice (like telling the dude the stuff) or constructive (fictional) notice. Color, in this sense, is like “colorable”, meaning “appearing to be valid”.
411
Rule in Shelley’s Case:
a remainder in a life tenant-grantee’s heirs is deemed to be in a life tenant herself.
1. “To B for life, then to B’s heirs.” → B has a fee simple.
2. Abolished in most jurisdictions → B’s heirs have a contingent remainder.
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
412
Doctrine of Worthier Title
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
1. “To B for life, then to my heirs at law.” → B has a life estate; the grantor has a reversion
2. Generally treated as a rule of construction only → grantor’s heirs have a contingent remainder.
413
“I give to my daughter, Sandra Stewart for life my tract of land in Johnston County, North Carolina and then to Meta Stewart’s children and their heirs.” Meta Stewart is alive and has no children.
Fut ints
Sandra has an indefeasible life estate
414
Remainders must _____.
Bedome possosory immediately following the termination of the life estate
415
Shifting executory interest is
Divests an interest of another transferee
| I.e. cuts short a prior estate created in the same conveyence
416
"To A and her heirs, but if B returns from Canada, to B and his heirs"
A has fee simple subject to a shifting executory intrest
B has a shifting exec. Intrest, can be a remainder bc not ready to become possessory @end of As intrest
I
417
"To A for life, remainder to B and his heirs, but if B predeceases A, to C and his heirs"
C has a shifting executory interest
418
Springing executory intrest
Springing executory interests go from the grantor to a grantee upon the occurrence of some condition. Another way to put it is that there is a springing executory interest whenever there is an unavoidable gap in ownership of a present possessory estate in the land. If the gap is avoidable, then you don’t call it a springing executory interest.
419
Otis to Aleisha for life, then to Boland and his heirs, but if Boland has not married by the time of Aleisha’s death, to Carla and her heirs.”
a. Aleisha has a life estate. Boland has a vested remainder subject to total divestment (or subject to an executory limitation or subject to a condition subsequent). Carla has a shifting executory interest in fee simple absolute.
b. Aleisha still has a life estate. Boland has a vested remainder in fee simple absolute. Carla has nothing.
420
Otis to Asa and her heirs upon her graduation from law school. Assume that Asa is a member of your law school class”:
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
421
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
Amelia is granted a fee simple subject to an executory limitation and Ballard gets a shifting executory interest in fee simple absolute. [Otis gets nothing.]
422
Otis to Ava for life, and then to Barbara and her heirs if Barbara survives Ava, but if Barbara does not survive Ava, to Clarice and her heirs”
Ava gets a life estate. Barbara and Clarice get alternative contingent remainders in fee simple absolute and Otis gets a reversion. [Why does Otis have a reversion? We always act as though the life estate could end before the death of the life tenant
423
Color of title
that you have a written instrument that, in good faith, you think is valid and purports to convey the land at issue in the adverse possession suit. This instrument is, by definition, invalid. If it were valid, then you wouldn’t be an adverse possession. Also, the true owner must have notice of the instrument. Notice can be acquired by: actual notice (like telling the dude the stuff) or constructive (fictional) notice. Color, in this sense, is like “colorable”, meaning “appearing to be valid”.
424
Rule in Shelley’s Case:
a remainder in a life tenant-grantee’s heirs is deemed to be in a life tenant herself.
1. “To B for life, then to B’s heirs.” → B has a fee simple.
2. Abolished in most jurisdictions → B’s heirs have a contingent remainder.
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
425
Doctrine of Worthier Title
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
1. “To B for life, then to my heirs at law.” → B has a life estate; the grantor has a reversion
2. Generally treated as a rule of construction only → grantor’s heirs have a contingent remainder.
426
“I give to my daughter, Sandra Stewart for life my tract of land in Johnston County, North Carolina and then to Meta Stewart’s children and their heirs.” Meta Stewart is alive and has no children.
Fut ints
Sandra has an indefeasible life estate
427
Remainders must _____.
Bedome possosory immediately following the termination of the life estate
428
Shifting executory interest is
Divests an interest of another transferee
| I.e. cuts short a prior estate created in the same conveyence
429
"To A and her heirs, but if B returns from Canada, to B and his heirs"
A has fee simple subject to a shifting executory intrest
B has a shifting exec. Intrest, can be a remainder bc not ready to become possessory @end of As intrest
I
430
"To A for life, remainder to B and his heirs, but if B predeceases A, to C and his heirs"
C has a shifting executory interest
431
Springing executory intrest
Springing executory interests go from the grantor to a grantee upon the occurrence of some condition. Another way to put it is that there is a springing executory interest whenever there is an unavoidable gap in ownership of a present possessory estate in the land. If the gap is avoidable, then you don’t call it a springing executory interest.
432
Otis to Aleisha for life, then to Boland and his heirs, but if Boland has not married by the time of Aleisha’s death, to Carla and her heirs.”
a. Aleisha has a life estate. Boland has a vested remainder subject to total divestment (or subject to an executory limitation or subject to a condition subsequent). Carla has a shifting executory interest in fee simple absolute.
b. Aleisha still has a life estate. Boland has a vested remainder in fee simple absolute. Carla has nothing.
433
Otis to Asa and her heirs upon her graduation from law school. Assume that Asa is a member of your law school class”:
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
434
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
Amelia is granted a fee simple subject to an executory limitation and Ballard gets a shifting executory interest in fee simple absolute. [Otis gets nothing.]
435
Otis to Ava for life, and then to Barbara and her heirs if Barbara survives Ava, but if Barbara does not survive Ava, to Clarice and her heirs”
Ava gets a life estate. Barbara and Clarice get alternative contingent remainders in fee simple absolute and Otis gets a reversion. [Why does Otis have a reversion? We always act as though the life estate could end before the death of the life tenant
436
Color of title
that you have a written instrument that, in good faith, you think is valid and purports to convey the land at issue in the adverse possession suit. This instrument is, by definition, invalid. If it were valid, then you wouldn’t be an adverse possession. Also, the true owner must have notice of the instrument. Notice can be acquired by: actual notice (like telling the dude the stuff) or constructive (fictional) notice. Color, in this sense, is like “colorable”, meaning “appearing to be valid”.
437
Rule in Shelley’s Case:
a remainder in a life tenant-grantee’s heirs is deemed to be in a life tenant herself.
1. “To B for life, then to B’s heirs.” → B has a fee simple.
2. Abolished in most jurisdictions → B’s heirs have a contingent remainder.
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
438
Doctrine of Worthier Title
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
1. “To B for life, then to my heirs at law.” → B has a life estate; the grantor has a reversion
2. Generally treated as a rule of construction only → grantor’s heirs have a contingent remainder.
439
“I give to my daughter, Sandra Stewart for life my tract of land in Johnston County, North Carolina and then to Meta Stewart’s children and their heirs.” Meta Stewart is alive and has no children.
Fut ints
Sandra has an indefeasible life estate
440
Remainders must _____.
Bedome possosory immediately following the termination of the life estate
441
Shifting executory interest is
Divests an interest of another transferee
| I.e. cuts short a prior estate created in the same conveyence
442
"To A and her heirs, but if B returns from Canada, to B and his heirs"
A has fee simple subject to a shifting executory intrest
B has a shifting exec. Intrest, can be a remainder bc not ready to become possessory @end of As intrest
I
443
"To A for life, remainder to B and his heirs, but if B predeceases A, to C and his heirs"
C has a shifting executory interest
444
Springing executory intrest
Springing executory interests go from the grantor to a grantee upon the occurrence of some condition. Another way to put it is that there is a springing executory interest whenever there is an unavoidable gap in ownership of a present possessory estate in the land. If the gap is avoidable, then you don’t call it a springing executory interest.
445
Otis to Aleisha for life, then to Boland and his heirs, but if Boland has not married by the time of Aleisha’s death, to Carla and her heirs.”
a. Aleisha has a life estate. Boland has a vested remainder subject to total divestment (or subject to an executory limitation or subject to a condition subsequent). Carla has a shifting executory interest in fee simple absolute.
b. Aleisha still has a life estate. Boland has a vested remainder in fee simple absolute. Carla has nothing.
446
Otis to Asa and her heirs upon her graduation from law school. Assume that Asa is a member of your law school class”:
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
447
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
Amelia is granted a fee simple subject to an executory limitation and Ballard gets a shifting executory interest in fee simple absolute. [Otis gets nothing.]
448
Otis to Ava for life, and then to Barbara and her heirs if Barbara survives Ava, but if Barbara does not survive Ava, to Clarice and her heirs”
Ava gets a life estate. Barbara and Clarice get alternative contingent remainders in fee simple absolute and Otis gets a reversion. [Why does Otis have a reversion? We always act as though the life estate could end before the death of the life tenant
449
Color of title
that you have a written instrument that, in good faith, you think is valid and purports to convey the land at issue in the adverse possession suit. This instrument is, by definition, invalid. If it were valid, then you wouldn’t be an adverse possession. Also, the true owner must have notice of the instrument. Notice can be acquired by: actual notice (like telling the dude the stuff) or constructive (fictional) notice. Color, in this sense, is like “colorable”, meaning “appearing to be valid”.
450
Rule in Shelley’s Case:
a remainder in a life tenant-grantee’s heirs is deemed to be in a life tenant herself.
1. “To B for life, then to B’s heirs.” → B has a fee simple.
2. Abolished in most jurisdictions → B’s heirs have a contingent remainder.
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
451
Doctrine of Worthier Title
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
1. “To B for life, then to my heirs at law.” → B has a life estate; the grantor has a reversion
2. Generally treated as a rule of construction only → grantor’s heirs have a contingent remainder.
452
“I give to my daughter, Sandra Stewart for life my tract of land in Johnston County, North Carolina and then to Meta Stewart’s children and their heirs.” Meta Stewart is alive and has no children.
Fut ints
Sandra has an indefeasible life estate
453
Remainders must _____.
Bedome possosory immediately following the termination of the life estate
454
Shifting executory interest is
Divests an interest of another transferee
| I.e. cuts short a prior estate created in the same conveyence
455
"To A and her heirs, but if B returns from Canada, to B and his heirs"
A has fee simple subject to a shifting executory intrest
B has a shifting exec. Intrest, can be a remainder bc not ready to become possessory @end of As intrest
I
456
"To A for life, remainder to B and his heirs, but if B predeceases A, to C and his heirs"
C has a shifting executory interest
457
Springing executory intrest
Springing executory interests go from the grantor to a grantee upon the occurrence of some condition. Another way to put it is that there is a springing executory interest whenever there is an unavoidable gap in ownership of a present possessory estate in the land. If the gap is avoidable, then you don’t call it a springing executory interest.
458
Otis to Aleisha for life, then to Boland and his heirs, but if Boland has not married by the time of Aleisha’s death, to Carla and her heirs.”
a. Aleisha has a life estate. Boland has a vested remainder subject to total divestment (or subject to an executory limitation or subject to a condition subsequent). Carla has a shifting executory interest in fee simple absolute.
b. Aleisha still has a life estate. Boland has a vested remainder in fee simple absolute. Carla has nothing.
459
Otis to Asa and her heirs upon her graduation from law school. Assume that Asa is a member of your law school class”:
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
460
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
Amelia is granted a fee simple subject to an executory limitation and Ballard gets a shifting executory interest in fee simple absolute. [Otis gets nothing.]
461
Otis to Ava for life, and then to Barbara and her heirs if Barbara survives Ava, but if Barbara does not survive Ava, to Clarice and her heirs”
Ava gets a life estate. Barbara and Clarice get alternative contingent remainders in fee simple absolute and Otis gets a reversion. [Why does Otis have a reversion? We always act as though the life estate could end before the death of the life tenant
462
Color of title
that you have a written instrument that, in good faith, you think is valid and purports to convey the land at issue in the adverse possession suit. This instrument is, by definition, invalid. If it were valid, then you wouldn’t be an adverse possession. Also, the true owner must have notice of the instrument. Notice can be acquired by: actual notice (like telling the dude the stuff) or constructive (fictional) notice. Color, in this sense, is like “colorable”, meaning “appearing to be valid”.
463
Rule in Shelley’s Case:
a remainder in a life tenant-grantee’s heirs is deemed to be in a life tenant herself.
1. “To B for life, then to B’s heirs.” → B has a fee simple.
2. Abolished in most jurisdictions → B’s heirs have a contingent remainder.
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
464
Doctrine of Worthier Title
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
1. “To B for life, then to my heirs at law.” → B has a life estate; the grantor has a reversion
2. Generally treated as a rule of construction only → grantor’s heirs have a contingent remainder.
465
“I give to my daughter, Sandra Stewart for life my tract of land in Johnston County, North Carolina and then to Meta Stewart’s children and their heirs.” Meta Stewart is alive and has no children.
Fut ints
Sandra has an indefeasible life estate
466
Remainders must _____.
Bedome possosory immediately following the termination of the life estate
467
Shifting executory interest is
Divests an interest of another transferee
| I.e. cuts short a prior estate created in the same conveyence
468
"To A and her heirs, but if B returns from Canada, to B and his heirs"
A has fee simple subject to a shifting executory intrest
B has a shifting exec. Intrest, can be a remainder bc not ready to become possessory @end of As intrest
I
469
"To A for life, remainder to B and his heirs, but if B predeceases A, to C and his heirs"
C has a shifting executory interest
470
Springing executory intrest
Springing executory interests go from the grantor to a grantee upon the occurrence of some condition. Another way to put it is that there is a springing executory interest whenever there is an unavoidable gap in ownership of a present possessory estate in the land. If the gap is avoidable, then you don’t call it a springing executory interest.
471
Otis to Aleisha for life, then to Boland and his heirs, but if Boland has not married by the time of Aleisha’s death, to Carla and her heirs.”
a. Aleisha has a life estate. Boland has a vested remainder subject to total divestment (or subject to an executory limitation or subject to a condition subsequent). Carla has a shifting executory interest in fee simple absolute.
b. Aleisha still has a life estate. Boland has a vested remainder in fee simple absolute. Carla has nothing.
472
Otis to Asa and her heirs upon her graduation from law school. Assume that Asa is a member of your law school class”:
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
473
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
Amelia is granted a fee simple subject to an executory limitation and Ballard gets a shifting executory interest in fee simple absolute. [Otis gets nothing.]
474
Otis to Ava for life, and then to Barbara and her heirs if Barbara survives Ava, but if Barbara does not survive Ava, to Clarice and her heirs”
Ava gets a life estate. Barbara and Clarice get alternative contingent remainders in fee simple absolute and Otis gets a reversion. [Why does Otis have a reversion? We always act as though the life estate could end before the death of the life tenant
475
Color of title
that you have a written instrument that, in good faith, you think is valid and purports to convey the land at issue in the adverse possession suit. This instrument is, by definition, invalid. If it were valid, then you wouldn’t be an adverse possession. Also, the true owner must have notice of the instrument. Notice can be acquired by: actual notice (like telling the dude the stuff) or constructive (fictional) notice. Color, in this sense, is like “colorable”, meaning “appearing to be valid”.
476
Rule in Shelley’s Case:
a remainder in a life tenant-grantee’s heirs is deemed to be in a life tenant herself.
1. “To B for life, then to B’s heirs.” → B has a fee simple.
2. Abolished in most jurisdictions → B’s heirs have a contingent remainder.
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
477
Doctrine of Worthier Title
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
1. “To B for life, then to my heirs at law.” → B has a life estate; the grantor has a reversion
2. Generally treated as a rule of construction only → grantor’s heirs have a contingent remainder.
478
“I give to my daughter, Sandra Stewart for life my tract of land in Johnston County, North Carolina and then to Meta Stewart’s children and their heirs.” Meta Stewart is alive and has no children.
Fut ints
Sandra has an indefeasible life estate
479
Remainders must _____.
Bedome possosory immediately following the termination of the life estate
480
Shifting executory interest is
Divests an interest of another transferee
| I.e. cuts short a prior estate created in the same conveyence
481
"To A and her heirs, but if B returns from Canada, to B and his heirs"
A has fee simple subject to a shifting executory intrest
B has a shifting exec. Intrest, can be a remainder bc not ready to become possessory @end of As intrest
I
482
"To A for life, remainder to B and his heirs, but if B predeceases A, to C and his heirs"
C has a shifting executory interest
483
Springing executory intrest
Springing executory interests go from the grantor to a grantee upon the occurrence of some condition. Another way to put it is that there is a springing executory interest whenever there is an unavoidable gap in ownership of a present possessory estate in the land. If the gap is avoidable, then you don’t call it a springing executory interest.
484
Otis to Aleisha for life, then to Boland and his heirs, but if Boland has not married by the time of Aleisha’s death, to Carla and her heirs.”
a. Aleisha has a life estate. Boland has a vested remainder subject to total divestment (or subject to an executory limitation or subject to a condition subsequent). Carla has a shifting executory interest in fee simple absolute.
b. Aleisha still has a life estate. Boland has a vested remainder in fee simple absolute. Carla has nothing.
485
Otis to Asa and her heirs upon her graduation from law school. Assume that Asa is a member of your law school class”:
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
486
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
Amelia is granted a fee simple subject to an executory limitation and Ballard gets a shifting executory interest in fee simple absolute. [Otis gets nothing.]
487
Otis to Ava for life, and then to Barbara and her heirs if Barbara survives Ava, but if Barbara does not survive Ava, to Clarice and her heirs”
Ava gets a life estate. Barbara and Clarice get alternative contingent remainders in fee simple absolute and Otis gets a reversion. [Why does Otis have a reversion? We always act as though the life estate could end before the death of the life tenant
488
Color of title
that you have a written instrument that, in good faith, you think is valid and purports to convey the land at issue in the adverse possession suit. This instrument is, by definition, invalid. If it were valid, then you wouldn’t be an adverse possession. Also, the true owner must have notice of the instrument. Notice can be acquired by: actual notice (like telling the dude the stuff) or constructive (fictional) notice. Color, in this sense, is like “colorable”, meaning “appearing to be valid”.
489
Rule in Shelley’s Case:
a remainder in a life tenant-grantee’s heirs is deemed to be in a life tenant herself.
1. “To B for life, then to B’s heirs.” → B has a fee simple.
2. Abolished in most jurisdictions → B’s heirs have a contingent remainder.
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
490
Doctrine of Worthier Title
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
1. “To B for life, then to my heirs at law.” → B has a life estate; the grantor has a reversion
2. Generally treated as a rule of construction only → grantor’s heirs have a contingent remainder.
491
“I give to my daughter, Sandra Stewart for life my tract of land in Johnston County, North Carolina and then to Meta Stewart’s children and their heirs.” Meta Stewart is alive and has no children.
Fut ints
Sandra has an indefeasible life estate
492
Remainders must _____.
Bedome possosory immediately following the termination of the life estate
493
Shifting executory interest is
Divests an interest of another transferee
| I.e. cuts short a prior estate created in the same conveyence
494
"To A and her heirs, but if B returns from Canada, to B and his heirs"
A has fee simple subject to a shifting executory intrest
B has a shifting exec. Intrest, can be a remainder bc not ready to become possessory @end of As intrest
I
495
"To A for life, remainder to B and his heirs, but if B predeceases A, to C and his heirs"
C has a shifting executory interest
496
Springing executory intrest
Springing executory interests go from the grantor to a grantee upon the occurrence of some condition. Another way to put it is that there is a springing executory interest whenever there is an unavoidable gap in ownership of a present possessory estate in the land. If the gap is avoidable, then you don’t call it a springing executory interest.
497
Otis to Aleisha for life, then to Boland and his heirs, but if Boland has not married by the time of Aleisha’s death, to Carla and her heirs.”
a. Aleisha has a life estate. Boland has a vested remainder subject to total divestment (or subject to an executory limitation or subject to a condition subsequent). Carla has a shifting executory interest in fee simple absolute.
b. Aleisha still has a life estate. Boland has a vested remainder in fee simple absolute. Carla has nothing.
498
Otis to Asa and her heirs upon her graduation from law school. Assume that Asa is a member of your law school class”:
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
499
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
Amelia is granted a fee simple subject to an executory limitation and Ballard gets a shifting executory interest in fee simple absolute. [Otis gets nothing.]
500
Otis to Ava for life, and then to Barbara and her heirs if Barbara survives Ava, but if Barbara does not survive Ava, to Clarice and her heirs”
Ava gets a life estate. Barbara and Clarice get alternative contingent remainders in fee simple absolute and Otis gets a reversion. [Why does Otis have a reversion? We always act as though the life estate could end before the death of the life tenant
501
Color of title
that you have a written instrument that, in good faith, you think is valid and purports to convey the land at issue in the adverse possession suit. This instrument is, by definition, invalid. If it were valid, then you wouldn’t be an adverse possession. Also, the true owner must have notice of the instrument. Notice can be acquired by: actual notice (like telling the dude the stuff) or constructive (fictional) notice. Color, in this sense, is like “colorable”, meaning “appearing to be valid”.
502
Rule in Shelley’s Case:
a remainder in a life tenant-grantee’s heirs is deemed to be in a life tenant herself.
1. “To B for life, then to B’s heirs.” → B has a fee simple.
2. Abolished in most jurisdictions → B’s heirs have a contingent remainder.
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
503
Doctrine of Worthier Title
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
1. “To B for life, then to my heirs at law.” → B has a life estate; the grantor has a reversion
2. Generally treated as a rule of construction only → grantor’s heirs have a contingent remainder.
504
“I give to my daughter, Sandra Stewart for life my tract of land in Johnston County, North Carolina and then to Meta Stewart’s children and their heirs.” Meta Stewart is alive and has no children.
Fut ints
Sandra has an indefeasible life estate
505
Remainders must _____.
Bedome possosory immediately following the termination of the life estate
506
Shifting executory interest is
Divests an interest of another transferee
| I.e. cuts short a prior estate created in the same conveyence
507
"To A and her heirs, but if B returns from Canada, to B and his heirs"
A has fee simple subject to a shifting executory intrest
B has a shifting exec. Intrest, can be a remainder bc not ready to become possessory @end of As intrest
I
508
"To A for life, remainder to B and his heirs, but if B predeceases A, to C and his heirs"
C has a shifting executory interest
509
Springing executory intrest
Springing executory interests go from the grantor to a grantee upon the occurrence of some condition. Another way to put it is that there is a springing executory interest whenever there is an unavoidable gap in ownership of a present possessory estate in the land. If the gap is avoidable, then you don’t call it a springing executory interest.
510
Otis to Aleisha for life, then to Boland and his heirs, but if Boland has not married by the time of Aleisha’s death, to Carla and her heirs.”
a. Aleisha has a life estate. Boland has a vested remainder subject to total divestment (or subject to an executory limitation or subject to a condition subsequent). Carla has a shifting executory interest in fee simple absolute.
b. Aleisha still has a life estate. Boland has a vested remainder in fee simple absolute. Carla has nothing.
511
Otis to Asa and her heirs upon her graduation from law school. Assume that Asa is a member of your law school class”:
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
512
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
Amelia is granted a fee simple subject to an executory limitation and Ballard gets a shifting executory interest in fee simple absolute. [Otis gets nothing.]
513
Otis to Ava for life, and then to Barbara and her heirs if Barbara survives Ava, but if Barbara does not survive Ava, to Clarice and her heirs”
Ava gets a life estate. Barbara and Clarice get alternative contingent remainders in fee simple absolute and Otis gets a reversion. [Why does Otis have a reversion? We always act as though the life estate could end before the death of the life tenant
514
Color of title
that you have a written instrument that, in good faith, you think is valid and purports to convey the land at issue in the adverse possession suit. This instrument is, by definition, invalid. If it were valid, then you wouldn’t be an adverse possession. Also, the true owner must have notice of the instrument. Notice can be acquired by: actual notice (like telling the dude the stuff) or constructive (fictional) notice. Color, in this sense, is like “colorable”, meaning “appearing to be valid”.
515
Rule in Shelley’s Case:
a remainder in a life tenant-grantee’s heirs is deemed to be in a life tenant herself.
1. “To B for life, then to B’s heirs.” → B has a fee simple.
2. Abolished in most jurisdictions → B’s heirs have a contingent remainder.
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
516
Doctrine of Worthier Title
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
1. “To B for life, then to my heirs at law.” → B has a life estate; the grantor has a reversion
2. Generally treated as a rule of construction only → grantor’s heirs have a contingent remainder.
517
“I give to my daughter, Sandra Stewart for life my tract of land in Johnston County, North Carolina and then to Meta Stewart’s children and their heirs.” Meta Stewart is alive and has no children.
Fut ints
Sandra has an indefeasible life estate
518
Remainders must _____.
Bedome possosory immediately following the termination of the life estate
519
Shifting executory interest is
Divests an interest of another transferee
| I.e. cuts short a prior estate created in the same conveyence
520
"To A and her heirs, but if B returns from Canada, to B and his heirs"
A has fee simple subject to a shifting executory intrest
B has a shifting exec. Intrest, can be a remainder bc not ready to become possessory @end of As intrest
I
521
"To A for life, remainder to B and his heirs, but if B predeceases A, to C and his heirs"
C has a shifting executory interest
522
Springing executory intrest
Springing executory interests go from the grantor to a grantee upon the occurrence of some condition. Another way to put it is that there is a springing executory interest whenever there is an unavoidable gap in ownership of a present possessory estate in the land. If the gap is avoidable, then you don’t call it a springing executory interest.
523
Otis to Aleisha for life, then to Boland and his heirs, but if Boland has not married by the time of Aleisha’s death, to Carla and her heirs.”
a. Aleisha has a life estate. Boland has a vested remainder subject to total divestment (or subject to an executory limitation or subject to a condition subsequent). Carla has a shifting executory interest in fee simple absolute.
b. Aleisha still has a life estate. Boland has a vested remainder in fee simple absolute. Carla has nothing.
524
Otis to Asa and her heirs upon her graduation from law school. Assume that Asa is a member of your law school class”:
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
525
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
Amelia is granted a fee simple subject to an executory limitation and Ballard gets a shifting executory interest in fee simple absolute. [Otis gets nothing.]
526
Otis to Ava for life, and then to Barbara and her heirs if Barbara survives Ava, but if Barbara does not survive Ava, to Clarice and her heirs”
Ava gets a life estate. Barbara and Clarice get alternative contingent remainders in fee simple absolute and Otis gets a reversion. [Why does Otis have a reversion? We always act as though the life estate could end before the death of the life tenant
527
Color of title
that you have a written instrument that, in good faith, you think is valid and purports to convey the land at issue in the adverse possession suit. This instrument is, by definition, invalid. If it were valid, then you wouldn’t be an adverse possession. Also, the true owner must have notice of the instrument. Notice can be acquired by: actual notice (like telling the dude the stuff) or constructive (fictional) notice. Color, in this sense, is like “colorable”, meaning “appearing to be valid”.
528
Rule in Shelley’s Case:
a remainder in a life tenant-grantee’s heirs is deemed to be in a life tenant herself.
1. “To B for life, then to B’s heirs.” → B has a fee simple.
2. Abolished in most jurisdictions → B’s heirs have a contingent remainder.
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
529
Doctrine of Worthier Title
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
1. “To B for life, then to my heirs at law.” → B has a life estate; the grantor has a reversion
2. Generally treated as a rule of construction only → grantor’s heirs have a contingent remainder.
530
“I give to my daughter, Sandra Stewart for life my tract of land in Johnston County, North Carolina and then to Meta Stewart’s children and their heirs.” Meta Stewart is alive and has no children.
Fut ints
Sandra has an indefeasible life estate
531
Remainders must _____.
Bedome possosory immediately following the termination of the life estate
532
Shifting executory interest is
Divests an interest of another transferee
| I.e. cuts short a prior estate created in the same conveyence
533
"To A and her heirs, but if B returns from Canada, to B and his heirs"
A has fee simple subject to a shifting executory intrest
B has a shifting exec. Intrest, can be a remainder bc not ready to become possessory @end of As intrest
I
534
"To A for life, remainder to B and his heirs, but if B predeceases A, to C and his heirs"
C has a shifting executory interest
535
Springing executory intrest
Springing executory interests go from the grantor to a grantee upon the occurrence of some condition. Another way to put it is that there is a springing executory interest whenever there is an unavoidable gap in ownership of a present possessory estate in the land. If the gap is avoidable, then you don’t call it a springing executory interest.
536
Otis to Aleisha for life, then to Boland and his heirs, but if Boland has not married by the time of Aleisha’s death, to Carla and her heirs.”
a. Aleisha has a life estate. Boland has a vested remainder subject to total divestment (or subject to an executory limitation or subject to a condition subsequent). Carla has a shifting executory interest in fee simple absolute.
b. Aleisha still has a life estate. Boland has a vested remainder in fee simple absolute. Carla has nothing.
537
Otis to Asa and her heirs upon her graduation from law school. Assume that Asa is a member of your law school class”:
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
538
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
Amelia is granted a fee simple subject to an executory limitation and Ballard gets a shifting executory interest in fee simple absolute. [Otis gets nothing.]
539
Otis to Ava for life, and then to Barbara and her heirs if Barbara survives Ava, but if Barbara does not survive Ava, to Clarice and her heirs”
Ava gets a life estate. Barbara and Clarice get alternative contingent remainders in fee simple absolute and Otis gets a reversion. [Why does Otis have a reversion? We always act as though the life estate could end before the death of the life tenant
540
Color of title
that you have a written instrument that, in good faith, you think is valid and purports to convey the land at issue in the adverse possession suit. This instrument is, by definition, invalid. If it were valid, then you wouldn’t be an adverse possession. Also, the true owner must have notice of the instrument. Notice can be acquired by: actual notice (like telling the dude the stuff) or constructive (fictional) notice. Color, in this sense, is like “colorable”, meaning “appearing to be valid”.
541
Rule in Shelley’s Case:
a remainder in a life tenant-grantee’s heirs is deemed to be in a life tenant herself.
1. “To B for life, then to B’s heirs.” → B has a fee simple.
2. Abolished in most jurisdictions → B’s heirs have a contingent remainder.
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
542
Doctrine of Worthier Title
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
1. “To B for life, then to my heirs at law.” → B has a life estate; the grantor has a reversion
2. Generally treated as a rule of construction only → grantor’s heirs have a contingent remainder.
543
“I give to my daughter, Sandra Stewart for life my tract of land in Johnston County, North Carolina and then to Meta Stewart’s children and their heirs.” Meta Stewart is alive and has no children.
Fut ints
Sandra has an indefeasible life estate
544
Remainders must _____.
Bedome possosory immediately following the termination of the life estate
545
Shifting executory interest is
Divests an interest of another transferee
| I.e. cuts short a prior estate created in the same conveyence
546
"To A and her heirs, but if B returns from Canada, to B and his heirs"
A has fee simple subject to a shifting executory intrest
B has a shifting exec. Intrest, can be a remainder bc not ready to become possessory @end of As intrest
I
547
"To A for life, remainder to B and his heirs, but if B predeceases A, to C and his heirs"
C has a shifting executory interest
548
Springing executory intrest
Springing executory interests go from the grantor to a grantee upon the occurrence of some condition. Another way to put it is that there is a springing executory interest whenever there is an unavoidable gap in ownership of a present possessory estate in the land. If the gap is avoidable, then you don’t call it a springing executory interest.
549
Otis to Aleisha for life, then to Boland and his heirs, but if Boland has not married by the time of Aleisha’s death, to Carla and her heirs.”
a. Aleisha has a life estate. Boland has a vested remainder subject to total divestment (or subject to an executory limitation or subject to a condition subsequent). Carla has a shifting executory interest in fee simple absolute.
b. Aleisha still has a life estate. Boland has a vested remainder in fee simple absolute. Carla has nothing.
550
Otis to Asa and her heirs upon her graduation from law school. Assume that Asa is a member of your law school class”:
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
551
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
Amelia is granted a fee simple subject to an executory limitation and Ballard gets a shifting executory interest in fee simple absolute. [Otis gets nothing.]
552
Otis to Ava for life, and then to Barbara and her heirs if Barbara survives Ava, but if Barbara does not survive Ava, to Clarice and her heirs”
Ava gets a life estate. Barbara and Clarice get alternative contingent remainders in fee simple absolute and Otis gets a reversion. [Why does Otis have a reversion? We always act as though the life estate could end before the death of the life tenant
553
Color of title
that you have a written instrument that, in good faith, you think is valid and purports to convey the land at issue in the adverse possession suit. This instrument is, by definition, invalid. If it were valid, then you wouldn’t be an adverse possession. Also, the true owner must have notice of the instrument. Notice can be acquired by: actual notice (like telling the dude the stuff) or constructive (fictional) notice. Color, in this sense, is like “colorable”, meaning “appearing to be valid”.
554
Rule in Shelley’s Case:
a remainder in a life tenant-grantee’s heirs is deemed to be in a life tenant herself.
1. “To B for life, then to B’s heirs.” → B has a fee simple.
2. Abolished in most jurisdictions → B’s heirs have a contingent remainder.
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
555
Doctrine of Worthier Title
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
1. “To B for life, then to my heirs at law.” → B has a life estate; the grantor has a reversion
2. Generally treated as a rule of construction only → grantor’s heirs have a contingent remainder.
556
“I give to my daughter, Sandra Stewart for life my tract of land in Johnston County, North Carolina and then to Meta Stewart’s children and their heirs.” Meta Stewart is alive and has no children.
Fut ints
Sandra has an indefeasible life estate
557
Remainders must _____.
Bedome possosory immediately following the termination of the life estate
558
Shifting executory interest is
Divests an interest of another transferee
| I.e. cuts short a prior estate created in the same conveyence
559
"To A and her heirs, but if B returns from Canada, to B and his heirs"
A has fee simple subject to a shifting executory intrest
B has a shifting exec. Intrest, can be a remainder bc not ready to become possessory @end of As intrest
I
560
"To A for life, remainder to B and his heirs, but if B predeceases A, to C and his heirs"
C has a shifting executory interest
561
Springing executory intrest
Springing executory interests go from the grantor to a grantee upon the occurrence of some condition. Another way to put it is that there is a springing executory interest whenever there is an unavoidable gap in ownership of a present possessory estate in the land. If the gap is avoidable, then you don’t call it a springing executory interest.
562
Otis to Aleisha for life, then to Boland and his heirs, but if Boland has not married by the time of Aleisha’s death, to Carla and her heirs.”
a. Aleisha has a life estate. Boland has a vested remainder subject to total divestment (or subject to an executory limitation or subject to a condition subsequent). Carla has a shifting executory interest in fee simple absolute.
b. Aleisha still has a life estate. Boland has a vested remainder in fee simple absolute. Carla has nothing.
563
Otis to Asa and her heirs upon her graduation from law school. Assume that Asa is a member of your law school class”:
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
564
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
Amelia is granted a fee simple subject to an executory limitation and Ballard gets a shifting executory interest in fee simple absolute. [Otis gets nothing.]
565
Otis to Ava for life, and then to Barbara and her heirs if Barbara survives Ava, but if Barbara does not survive Ava, to Clarice and her heirs”
Ava gets a life estate. Barbara and Clarice get alternative contingent remainders in fee simple absolute and Otis gets a reversion. [Why does Otis have a reversion? We always act as though the life estate could end before the death of the life tenant
566
Color of title
that you have a written instrument that, in good faith, you think is valid and purports to convey the land at issue in the adverse possession suit. This instrument is, by definition, invalid. If it were valid, then you wouldn’t be an adverse possession. Also, the true owner must have notice of the instrument. Notice can be acquired by: actual notice (like telling the dude the stuff) or constructive (fictional) notice. Color, in this sense, is like “colorable”, meaning “appearing to be valid”.
567
Rule in Shelley’s Case:
a remainder in a life tenant-grantee’s heirs is deemed to be in a life tenant herself.
1. “To B for life, then to B’s heirs.” → B has a fee simple.
2. Abolished in most jurisdictions → B’s heirs have a contingent remainder.
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
568
Doctrine of Worthier Title
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
1. “To B for life, then to my heirs at law.” → B has a life estate; the grantor has a reversion
2. Generally treated as a rule of construction only → grantor’s heirs have a contingent remainder.
569
“I give to my daughter, Sandra Stewart for life my tract of land in Johnston County, North Carolina and then to Meta Stewart’s children and their heirs.” Meta Stewart is alive and has no children.
Fut ints
Sandra has an indefeasible life estate
570
Remainders must _____.
Bedome possosory immediately following the termination of the life estate
571
Shifting executory interest is
Divests an interest of another transferee
| I.e. cuts short a prior estate created in the same conveyence
572
"To A and her heirs, but if B returns from Canada, to B and his heirs"
A has fee simple subject to a shifting executory intrest
B has a shifting exec. Intrest, can be a remainder bc not ready to become possessory @end of As intrest
I
573
"To A for life, remainder to B and his heirs, but if B predeceases A, to C and his heirs"
C has a shifting executory interest
574
Springing executory intrest
Springing executory interests go from the grantor to a grantee upon the occurrence of some condition. Another way to put it is that there is a springing executory interest whenever there is an unavoidable gap in ownership of a present possessory estate in the land. If the gap is avoidable, then you don’t call it a springing executory interest.
575
Otis to Aleisha for life, then to Boland and his heirs, but if Boland has not married by the time of Aleisha’s death, to Carla and her heirs.”
a. Aleisha has a life estate. Boland has a vested remainder subject to total divestment (or subject to an executory limitation or subject to a condition subsequent). Carla has a shifting executory interest in fee simple absolute.
b. Aleisha still has a life estate. Boland has a vested remainder in fee simple absolute. Carla has nothing.
576
Otis to Asa and her heirs upon her graduation from law school. Assume that Asa is a member of your law school class”:
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
577
Asa has a springing executory interest in fee simple absolute. Otis retains a fee simple subject to an executory limitation
Amelia is granted a fee simple subject to an executory limitation and Ballard gets a shifting executory interest in fee simple absolute. [Otis gets nothing.]
578
Otis to Ava for life, and then to Barbara and her heirs if Barbara survives Ava, but if Barbara does not survive Ava, to Clarice and her heirs”
Ava gets a life estate. Barbara and Clarice get alternative contingent remainders in fee simple absolute and Otis gets a reversion. [Why does Otis have a reversion? We always act as though the life estate could end before the death of the life tenant
579
Color of title
that you have a written instrument that, in good faith, you think is valid and purports to convey the land at issue in the adverse possession suit. This instrument is, by definition, invalid. If it were valid, then you wouldn’t be an adverse possession. Also, the true owner must have notice of the instrument. Notice can be acquired by: actual notice (like telling the dude the stuff) or constructive (fictional) notice. Color, in this sense, is like “colorable”, meaning “appearing to be valid”.
580
Rule in Shelley’s Case:
a remainder in a life tenant-grantee’s heirs is deemed to be in a life tenant herself.
1. “To B for life, then to B’s heirs.” → B has a fee simple.
2. Abolished in most jurisdictions → B’s heirs have a contingent remainder.
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
581
Doctrine of Worthier Title
iii. Doctrine of Worthier Title: A remainder in the grantor’s heirs is ineffective, so grantor has a reversion.
1. “To B for life, then to my heirs at law.” → B has a life estate; the grantor has a reversion
2. Generally treated as a rule of construction only → grantor’s heirs have a contingent remainder.
582
“I give to my daughter, Sandra Stewart for life my tract of land in Johnston County, North Carolina and then to Meta Stewart’s children and their heirs.” Meta Stewart is alive and has no children.
Fut ints
Sandra has an indefeasible life estate
