Present and Future Estates

Question 1

O to A

Answer 1

fee simple absolute

Question 2

O to A and her heirs

Answer 2

fee simple absolute

Question 3

O to A for life

Answer 3

life estate OR life estate with a reversion

Question 4

O to A for life, but if (x), then to B.

Answer 4

life estate with an executory interest

Question 5

O to A for life, then to B.

Answer 5

life estate with an indefeasibly vested remainder

Question 6

O to A so long as (x).

Answer 6

fee simple determinable with possibility of reverter

Question 7

O to A, but if (x), O has right to retake.

Answer 7

fee simple subject to condition subsequent with right of entry

Question 8

O to A, but if (x), then to B.

Answer 8

fee simple subject to a shifting executory interest

Question 9

O to A if (x).

Answer 9

fee simple subject to a springing executory interest

Question 10

O to A for life, then, if B graduates, to B.

Answer 10

life estate with a contingent remainder

Question 11

O to A for life, then to B’s 1st child (no kids yet).

Answer 11

life estate with a contingent remainder

Question 12

O to A for life, then to B’s children.

Answer 12

life estate with a vested remainder subject to open

Question 13

O to A for life, then to B, provided however, that if (x), then to C.

Answer 13

life estate with a vested remainder subject to divestment (complete defeasance)

Question 14

What are the three kinds of present interests?

Answer 14

Life estates, fee simple absolutes, and defeasable fee simples

Question 15

What are the 3 kinds of defeasable fee simple estates?

Answer 15

Fee simple determinable, fee simple subject to condition subsequent, fee simple subject to executory interests.

Question 16

What are the 2 kinds of fee simple subject to executory interest estates?

Answer 16

springing and shifting executory interests

Question 17

A plain life estate always includes what future interest?

Answer 17

reversion

Question 18

What are the 3 kinds of future estates that stem from life estates?

Answer 18

reversion, executory interest, remainder

Question 19

A fee simple determinable always includes what kind of future estate?

Answer 19

possibility of a reverter

Question 20

A fee simple subject to condition subsequent always includes what kind of future estate?

Answer 20

right of entry

Question 21

A springing executory interest cuts off whose interest?

Answer 21

the grantor’s interest

Question 22

A shifting executory interest cuts off whose interest?

Answer 22

someone other than grantor

Question 23

Which present estate requires ‘durational’ language such as “so long as, during, until…etc”?

Answer 23

fee simple determinable

Question 24

Which future estate requires either a condition precedent OR an unascertainable taker?

Answer 24

life estate with a contingent remainder

Question 25

Which future estate requires an ascertainable taker with no conditions added?

Answer 25

life estate with an indefeasible vested remainder

Question 26

Which future estate includes a class of potentially unknown people?

Answer 26

life estate with a vested remainder subject to open

Question 27

for a life estate with a vested remainder subject to open, when does the members of the class become official?

Answer 27

At the death of the present estate holder

Question 28

What is the only future estate that has a condition subsequent?

Answer 28

life estate with a vested remainder subject to divestment (complete defeasance).

Question 29

What are the 4 kinds of estates that stem from life estates with a remainder?

Answer 29

life estate with a remainder with:
contingent remainder
indefeasibly vested remainder
vested remainder subject to open
vested remainder subject to divestment

Question 30

Which fee simple automatically reverts, and which provides a power to terminate but not automatic?

Answer 30

determinable (auto)
subject to condition subsequent (power)

Question 31

What is the only kind of fee simple that includes 3rd parties?

Answer 31

fee simple subject to executory interest