Property (Future interest)

Question 1

Decedent

Answer 1

A dead person

Question 2

Testate

Answer 2

Someone who dies with a will

Question 3

Intestate

Answer 3

someone who dies without a will

Question 4

Posthumous Children

Answer 4

Children who are conceived and in utero before the death of a parent but are baron after the death of a parent, they are qualifying children heirs of the deceased

Question 5

Posthumously Conceived Children

Answer 5

children conceived after the death of a parent with the cryogenically preserved reproductive materials of that parent.

Question 6

Devise

Answer 6

is to pass real property by will

Question 7

Devisee

Answer 7

the person receiving the property by a will

Question 8

Issue

Answer 8

A person’s lineal descendants all the way down the line, to the point where the biological line dies out

Question 9

Ancestors

Answer 9

A person’s biological forbears all the way up the line

Question 10

Collaterals

Answer 10

all blood relatives other than issues or ancestors

Question 11

bequeath

Answer 11

to pass personal property by will

Question 12

bequest

Answer 12

the person receiving the personal property

Question 13

Escheat

Answer 13

if a decedent has no heirs or devisees, the interest in land passes to the state

Question 14

Convey

Answer 14

A person conveys land when that person transfers it to someone else. The land can be conveyed by sale or by gift.

Question 15

Possessory Estate

Answer 15

The owner of the right to possess the land now, in the present

Question 16

Future estate

Answer 16

the owner of the right to possess the land in the future

Question 17

Nature of possessory state

Answer 17

there are 4:
Fee simple
fee tail
life estate
terms of years

Question 18

Fee simple

Answer 18

the largest estate, no inherent ending, the owner can keep the land forever; Freehold estates; grantor has no future interest

O to A and their heirs

Question 19

Words of purchase

Answer 19

ex: “O to A”

Question 20

Words of limitation

Answer 20

ex: “and their heirs”

Question 21

Fee tail

Answer 21

restrictions are that the land can only pass to the biological lineal line, issues, upon owner’s death. before, cannot not devise property to anyone else. in modern times the Fee Tail can revert to a Fee Simple when put in writing; Freehold estates; Reversion to grantor

O to A and the heirs of their body

Question 22

Life Estate

Answer 22

has more limitation than the fee tail. The owner of a life estate has only the right to possess the property in their lifetime. The life tenant cannot sell, give, or devise the right to possess the land after the owner of the life estate dies; Freehold estates; reversion to grantor

O to A for life

Question 23

Term of Years

Answer 23

Known as a lease; non-freehold; when an owner of one of the other varieties of estates promises to let someone else use the land for a set period of time; the leaseholder cannot sell, give, or devise the right to use the land beyond the lease periods; reversion to grantor

O to A for 10 years

Question 24

Seisin

Answer 24

the right to possession of land accompanied by particular responsibilities, such as the payment of taxes

Question 25

pur autre vie

Answer 25

for the life time of another

O to A for the life of B

When B dies then A’s interest in the land ends

Question 26

Defeasible Estate

Question 27

Determinable Estate

Answer 27

The limitation is phrased expressly as the measure of the duration of the estate, using words like:
until
so long as
while
during

Ends automatically

O to A and her heirs so long as A does not divorce

Question 28

Estate Subject to a Condition Subsequent

Answer 28

The limitation is phrased like an afterthought or a condition that allow the grantor to cut short an estate previously granted. it uses words like:
But if
provided that
on condition that
however

Does not end automatically; Only ends if O enforces the right to retake possession

O to A and her heirs until A reaches 21, then to O

Question 29

Absolute restraints on a fee simple

Question 30

general restraints on marriage

Question 31

partial restraints on marriage

Answer 31

defeasible estates that discourage the grantee from marrying a particular person, a particular class of persons, or persons from a particular religious or ethnic background

Question 32

restraints on divorce

Answer 32

defeasible estates that discourage the grantee from divorcing

Question 33

Occasions when a court might uphold defeasible estates that constrain a grantee’s behavior

Answer 33

1. partial restraints on marriage
2. Marriage restraints intended to provide support to a grantee until that grantee remarries
3. restraints on divorce

Question 34

Reversion

Answer 34

a grantor’s future interest that follows an estate that ends naturally; all reversions are considered vested

Question 35

Possibility of reverter

Answer 35

grantor’s interest following a determinable estate

Question 36

right of entry

Answer 36

future interest that follows an estate subject to condition subsequent

O has a right of entry would interrupt the prior estate if the described event occurs

Question 37

Remainder

Answer 37

a grantee’s future interest that waits patiently for the possessory estate to end naturally

a future interest created when a grantor conveys as inherently limited possessory estate and in the same conveyance, conveys the future to a second grantee

O to A for life, then to B

Question 38

kinds of remainder

Answer 38

vested and contingent

Question 39

Vested

Answer 39

Certain to become possessory; second grantee certain to receive estate. Even if “B” dies their successors will receive the property

It is given to an ascertained person AND the words creating the remainder do not include a condition precedent (other than the natural termination of the preceding estate)

Considered vested if there are more than 1 party but one of them is ascertained

O to A for life, then to B

Question 40

Contigent

Answer 40

not certain to become possessory

It is given to an unascertained person OR the words creating the remainder contain a condition precedent (in addition to the natural termination of the preceding estate)

O to A for life, then to A’s first child if A marries. (double contingent) If only one condition is met it is still contingent

If O has not conveyed away this unaccounted-for interest, then O has retained it, and it will be reverted to O.

Question 41

condition precedent

Answer 41

Something that has to happen before the remainder holder can take possession.

a condition other than the ending of the prior estate that must be met before the remainder is ready to become possessory

O to A for life, then to B if B has reached 25 years old

if A dies before B turns 25 then B does not receive the property

Question 42

Ascertained person

Answer 42

When the person has been born and is identified

O to A for life, then to JACKIE WALTERS

Question 43

Alternative Contingent Remainders

Answer 43

Contingent are alternative when they each follow the same estate and when their conditions precedent are the opposite of each other, so that the vesting of one precludes the vesting of the other.

Question 44

Subject to open

Answer 44

a class is open for the admission of additional class members