Property (Future Interests)

Question 1

CL: O conveys “to A and his heirs”
MT: any infinite and perpetual language

Answer 1

Fee Simple Absolute (Magic Words)

Question 2

CL: Without the magic words, it is a Life Estate.
MT: does not require the magic words
No Future Interest

Answer 2

Fee Simple Absolute (Deviant Language)

Question 3

Default Estate in MT
Largest possible estate
Infinite duration
Freely alienable, inheritable, divisible

Answer 3

Fee Simple Absolute (Characteristics)

Question 4

Tie up the Property in the family to eliminate feudal incidents

Answer 4

Fee Tail CL (Fee Simple Conditional) Characteristics

Question 5

“and the heirs of his body and his issue”

Answer 5

Fee Tail CL (Fee Simple Conditional) Magic Words

Question 6

CL:Fee Tail
MT: Fee Simple Absolute

Answer 6

Fee Tail CL (Fee Simple Conditional) Deviant Language

Question 7

Magic words “and the male heirs of his body,” Deviant Language-CL only, Future Interest: CL O has a reversion

Answer 7

Fee Tail Male/Female

Question 8

CL: O has a reversion
MT: FSA; O does not have a reversion

Answer 8

Fee Tail CL (Fee Simple Conditional) Future Interests

Question 9

No conditions, nothing
will affect vesting

To A for life, remainder to B

Answer 9

Indefeasibly Vested
Remainder

A has a life estate.
B has an indefeasibly
vested remainder in FSA.
No reversion

Question 10

“and his issue by his wife W”
Deviant Language-CL only
Future Interest-CL: O has reversion

Answer 10

Fee Tail Special

Question 11

“and his male issue by his wife W”
CL only
CL: O has a reversion

Answer 11

Fee Tail Male Special

Question 12

A condition subsequent
could defeat the
remainder.
Something can happen to
take it away.

Ex.
To A for life, then to B,
but if B does not reach
age 30, then to C.
COMMA
divesting event

Answer 12

Vested Remainder
Subject to Total
Divestment

(interests)
A has a life estate.
B has a vested remainder
subject to total divestment
in FSA.
C has executory interest in
FSA unless B reaches 30.
O has a reversion in FSA
unless B reaches 30.

Question 13

Mostly created in trust today
Duration in term of life
“for life”
“not to be sold during lifetime”
O has a reversion
Third person:remainder

Answer 13

Life Estate

Question 14

Class gift in which one of
the members of the class is known.

Shares are affected by persons coming in or out of the class.

A has a life estate. B has vested remainder subject to open in FSA.

No reversion.

Answer 14

Vested Remainder
Subject to Open
RAP

Ex. To A for life, remainder to
the children of B.
B has some children.
B is dead.
A living person has no
heirs.
A class can be a
measuring life as long as
it is closed (parent is
dead).

Question 15

A condition subsequent
could defeat the
remainder.

Something can happen to
take it away.

To A for life, then to B,
but if B does not reach
age 30, then to C.
COMMA
divesting event

Answer 15

Vested Remainder
Subject to Total
Divestment

A has a life estate.
B has a vested remainder
subject to total divestment
in FSA.
C has executory interest in
FSA unless B reaches 30.
O has a reversion in FSA
unless B reaches 30.

Question 16

Subject to condition
precedent (condition
must trigger in order to
vest interest) condition
must be in the clause that
creates the interest

Ex.
To A for life, remainder to
B if B survives A.
NO COMMA
condition precedent

Answer 16

Contingent Remainders
(Always a reversion until
the condition occurs or
unascertained persons are
ascertained)🡨then, it
becomes vested
RAP

A has a life estate.
B has a contingent
remainder subject to
condition precedent in
FSA.
O has a reversion in FSA.

Question 17

Given to unascertained
persons (unborn or heirs
of living person; no heirs
if the person is alive)

To A for life, remainder to
the children of B.
B has no children.
B is alive.
A living person

Answer 17

Contingent Remainders
(Always a reversion until
the condition occurs or
unascertained persons are
ascertained)🡨then, it
becomes vested
RAP

A has a life estate.
B’s children have a
contingent remainder in
FSA.
O has a reversion in FSA.

Question 18

Contingent remainders
that will divest if the prior
contingent remainder fails
to develop.

Ex.
To A for life, remainder to
B if B survives A, and if B
does not survive A, then
then to C.

To A for life, then to B if
B reaches age 21, but if B
does not reach age 21,
then to C.

Answer 18

Alternative Contingent
Remainders

A has a life estate.
B has a contingent
remainder in FSA.
C has an alternative
contingent remainder in
FSA. O has a technical
reversion in FSA.
If B survives A, B’s
remainder becomes
indefeasibly vested and C
and O’s have nothing

Question 19

Future interest that provides reversion to a thrid party instead of a grantor. Usually does not follow a life estate.

O to A as long as used for X, but then reverts to B.

Answer 19

Executory Interest

A has defeasible fee.
B holds executory interest
(automatic reversion)

Question 20

Third Party: Temporality
“to A for the life of B”
O has a reversion
Third person: remainder

Answer 20

(Life Estate) Per Autre Vie: for the duration of another life

Question 21

Cuts off a grantors interest
and springs to a third party
There is an interest that
will commence in the
future

Ex.
O (to O, but) to A if A
graduates from law
school.

Answer 21

Springing Executory
Interest

O has a defeasible fee
subject to executory
limitation, A has springing
executory interest.

Question 22

“while”
“until”
“during”
“so long as”

To A and his heirs until A
marries B.

Possibility of Reverter
A has FSD.
O has possibility of
reverter

Shall terminate when an
event happens

Automatic

Answer 22

Fee Simple Determinable

Question 23

Cuts off a grantee’s
interest and shifts it to a
third party
There is a condition in a
third person after a fee is
created

Ex.
O to A and his heirs, but if
B graduates from law
school, then to B and his
heirs

Answer 23

Shifting Executory
Interest

A has defeasible fee
subject to executory
limitation, B has an
executory interest

Question 24

“if”
“but if”
“on condition that”
“provided that”
“however”

To A and his heirs, but if
the premises are not used
as a church, then O may
enter and terminate the
estate.
To A and his heirs,
however, if A does not
divorce B, then O may
reenter and claim the
property.

Right of Entry or Power of
Termination
Majority: right of entry
language must be
expressly stated in the
conveyance.
A has FSSCS.
O has expressly reserved
right of entry and power
of termination.

Terminates if the stated
condition occurs
Not an automatic
termination

Answer 24

Fee Simple Subject to a
Condition Subsequent

Question 25

Doesn’t matter what
magic words are used
because the future interest
is in a Third Party.

To A and his heirs, but if
the property is not used as
a church, then to B and his
heirs.
To A and his heirs, so long
as the property is used for
farming, and if not, then to
B and his heirs.

Right to terminate the fee
in a third party
Automatic termination

In third party executory
interest
Automatic reversion to a
Third Party
A has FSSEL.
B has executory interest

Answer 25

Fee Simple Subject to an
Executory Limitation

Question 26

To A for life, then to A’s
children for their lives,
remainder.

Answer 26

Class Gifts (VRSTO)

Question 27

O conveys to A upon her
marriage to B.
O conveys to such of A’s
children as attain age 25.

Ex. A or B can be the
measuring life. We will
know either way if the
condition is met when A
or B dies

Answer 27

Executory Interests

(example explanation)
If A is alive, violates RAP
because
A is the measuring life. As
of right now, will we
know 21 years after A dies
whether her children will
be 25 or not? No, because
A can still have more
children.
Therefore, violates RAP.
If A is dead, does not
violate RAP.
A is the measuring life. As
of right now, will we
know 21 years after A dies
whether her children will
be 25 or not? Yes, because
children are their own
measuring life.