Interpretation and Ambiguous language Flashcards
FSD ( future estate)
POR (future estate)
Fee simple determinate is a fee simple interest in property that may last forever or until the happening of a specified event (Duration )
Langauge is as long as, during, until, while….
possibility of reverter retained by grantor of property in the land transferred and which returns back to the grantor upon termination of the conveyed estate
Fee simple absolute
infinity to A
to A and heirs
Fee simple subject to condition subsequent ( Present estate)
Right of entry aka reentry power of termination ( Future estate)
words or a condition that provides a condition to the conveyance
Language
but, if, on condition, provided that ,
Fee simple subject to executory limitation ( present estate)
Executory interest (future estate)
3rd party language
words of duration or condition
until, or, unless, then, to, but, if then
Future estates
remainder, vested and contingent
Wood v board of county commissioners of fremont county ambiguous language FSD reversion
Issue; fee simple determinable clearly state the estate will terminate if not used in accordance with the grant.
Holding: The grant must clearly state that the estate will expire after the happening of the event. The grant stated the condition but failed to state that the grant would not continue to be valid if the condition were not met.
edward v bradley ambigious and fee simple subject to condition subsequent
Facts
Viva Parker Lilliston devised a farm to her daughter, Margaret Lilliston Edwards (Jones), in her will, with specific conditions outlined in the will. If Edwards attempted to encumber, sell her interest, or if her creditors attempted to claim her interest to satisfy debts, her interest would cease, and the property would vest in her children equally in fee simple. After Lilliston’s death, Edwards sought her children’s consent to sell the farm. Beverly Bradley, one of the children, refused, leading to a legal dispute over whether the will granted Edwards a fee simple estate or a life estate. After Edwards’s death, her will directed that the farm be sold and proceeds distributed among her other children, excluding Bradley, who received $1.00.
Issue
Did Viva Parker Lilliston’s will grant Margaret Lilliston Edwards a fee simple estate or a life estate in the farm, given the conditions set forth in the will?
Holding
The Virginia Supreme Court held that the will granted Edwards a life estate in the farm, with a remainder in fee simple to her six children upon her death, due to the conditions set forth in the will.
Grantors / Grantees
Grantors
reversion, life estate
possibility of reverter
rights to re-entry
Grantees
remainder, vested, contingent
executory interest , springing, shifting
vested remainder
subject to open
example;[ a class gift where some people in clas,s but more people may be added tot he class.
contingent remainders
dont know who will get it
something has to happen to get it
subject to divestment
vested now, but can lose of something that is not certain to happen occurs.
contingent remainders
example O to A for life, then to B if she marries C
B is a contingent remainder because as long as B marries C she gets the satstifes the requirement for conveyance
two types of vested
absoultely is soley
contingent is based on a condition
transferor / transferee
transforor is giving property
the transferee is receiving property