Present Possessory Estates: In General

Question 1

What are the present possessory estates (4)?

Answer 1

1. Fee Simple Absolute
2. Life Estate
3. Defeasible Fees
   - Fee Simple Determinable (and possibility of reverter)
   - Fee Simple Subject to Condition Subsequent (and right of entry)
   - Fee Simple Subject to Executory Interest
4. Fee Tail (likely not tested - abolished in most jdxns)

Question 2

What do we need to know for exam with regards to each present possessory estate?

Answer 2

1. language that forms it
2. what are the characteristics?
   (i) devisablility - can it pass by will?
   (ii) descendibility - can it pass in intestacy?
   (iii) alienability - can it pass inter vivos?
3. What future interests, if any, is the estate capable of?

Question 3

Describe “Fee Simple Absolute.”

What is the interest?
What words create it?
Is it devisable? 
Is it descendible?
Is it alienable?
Is there a future interest?

Answer 3

“Fee simple absolute” - absolute ownership of POTENTIALLY INFINITE duration

To create –>

1. presumed in absence of express contrary intent
2. “to A” or “to A and his heirs”

Devisable –> Yes
Descendible –> Yes
Alienable –> yes

Is there future interest –> No