Present Interest

Question 1

Fee Simple Absolute

Answer 1

An estate, which has the possibility of enduring forever with no limitations on inheritance; cannot be divested. Freehold and has seisin (ownership of a freehold estate).

Common Law - Needed words of limitation “and his heirs” to create otherwise life estate

Modern Law - Words of limitation not required.

Question 2

Fee Simple Defeasible

Answer 2

An estate which has the potential of infinite duration, however; interest can be terminated on the happening of some event.

Determinable - The grantor may have a future interest in a possibility of reverter. If condition occurs estate ends automatically. (unless, until, during, while, so long as) Common law can only pass to heirs, modern no restrictions on conveying or willing

Subject to a Condition Subsequent - The grantor may have a future interest in a right of entry if said condition occurs. Requires affirmative action. (upon condition that, but if, if it happens that, by order of) Common law can only pass to heirs, modern no restrictions on conveying or willing.

Subject to an Executory Limitation - a fee simple that upon the happening of a stated event, is automatically divested in favor of a third person (grantee). No restrictions on conveying willing or passing to heirs.

Question 3

Life Estate

Answer 3

An estate, which will terminate at the death of some life. Defeasible or absolute, freehold estate; current possessory intertest with seisin may be present or future. Alienable but not inheritable or devisable.

Pur autre vie: Estate measured by the life of another. Inheritable and devisable.

Absolute: No condition whatsoever.

Can be Determinable, Subject to a Condition Subsequent or Subject to an Executory Limitation.

Question 4

Ambiguity

Answer 4

Conflicting language, i.e. “during and upon the condition that.”

Rules of Construction:

1. Covenant - Promise to do something.
2. Condition Subsequent.
3. Determinable

Question 5

Estate for Years

Answer 5

Tenancy where beginning and end date are known, nonfreehold and no seisin.

Question 6

Fee Tail

Answer 6

Fee simple estate with the possibility of enduring forever however it is limited to the lineal descendants of the body of the grantee. “and heirs of his body”.

Question 7

Dower

Answer 7

Wife receives at death of husband. Wife entitled to 1/3rd of all the lands he was seised in fee simple or fee tail. Does not apply to life estate.

Common Law - Interest in all estates even those obtained after death.
Modern Law - Only interest in estate interests up to time of death.

Question 8

Curtesy

Answer 8

Husband receives a life estate in all wife’s lands.