System of Estates

Question 1

Decedent

Answer 1

Dead person

Question 2

Heirs

Answer 2

People who inherit real property from a decedent who dies intestate (without a will).

Heirs are determined at the time of death –> living people have no heirs, only “heirs apparent.”

Question 3

Devise & Devisees

Answer 3

Devise –> to pass real property

Devisee–> the person receiving the real property. Devisees are beneficiaries under a will.

Question 4

Issue

Answer 4

A person’s lineal descendants all the way down the line. All children, grandchildren, and lineal descendants to the point where the biological line runs out.

Question 5

Ancestors

Answer 5

A person’s biological forebears all the way up the line.

Question 6

Collaterals

Answer 6

All blood relatives other than issue or ancestors. Includes siblings, cousins, aunts, etc.

Question 7

Escheat

Answer 7

If decedent has no heirs or devisees, the interest in land “escheats” (passes) to the state.

Question 8

Pur autre vie

Answer 8

For the life of another

Question 9

Possessory Estate

Answer 9

The owner of the right to possess the land now owns the possessory estate.

(Possessory Interest)
Key distinction among possessory estates is whether (and to what degree) they are inherently limited in duration.

Question 10

Future Interest

Answer 10

owner of the right to possess the land in the future

Question 11

Freehold Estate

Answer 11

Owners of freehold estates have “seisin” -the right to possession of land accompanied by particular responsibilities like paying taxes.

Question 12

Fee Simple

Answer 12

“O to A and his heirs.”
or
“O to A” (modern presumption)

Largest Freehold Estate with no inherent ending. Does not end naturally.

Question 13

Words of Purchase

Answer 13

Tell you what kind of estate the grantee is receiving:

1- “and his or her heirs” tells you it is a fee simple.

Question 14

Words of Limitation

Answer 14

Tell you what kind of limitation (if any) is inherent in the estate, whether it will end naturally.

Question 15

Fee Tail

Answer 15

“to A and the heirs of her body.”

Freehold Estate. Exists in only four states & is subject to inherent restrictions. The law presumes that at some point it will end naturally (when the last lineal descendant dies). The land automatically passes to A’s issue (next lineal descendants).

Question 16

Life Estate

Answer 16

“O to A for life.”

Freehold Estate. Owner (life tenant) has right to possess in his lifetime, but cannot sell, give, or devise the right to anyone else. When life tenant dies, the estate ends (goes back).

Question 17

Term of Years (Leasehold estate)

Answer 17

“O to A for ___ years.”

Non-freehold estate. When owner of one of the other varieties of estates promises to let someone else use land for set period of time.

Question 18

Defeasible Estate

Answer 18

Can be brought to an end (de-feased) by the occurrence of a particular event. Types of defeasible estates:

1. Determinable
2. Subject to a condition subsequent.

Question 19

Determinable estate

Answer 19

Ends automatically upon happening of an event.

Marked by words of temporal limitation:
Until, So long as, While, During

Question 20

Estate subject to condition subsequent

Answer 20

Does not end automatically upon the happening of a limiting event. To terminate, the grantor has to take some action to reclaim the property.

Marked by words of express condition:
But if, Provided that, On condition that, However

Question 21

Limiting event occurs. What result?

• -> Determinable estate
• -> Estate subject to condition subsequent

Answer 21

–> Determinable estate = A’s interest ends & back to O

–> Estate subject to condition subsequent = O has a right to end A’s estate, but A keeps estate until O enforces right to take possession.

Question 22

Future interests retained by grantor

Answer 22

These are made at the time the conveyance occurs.

1. Reversion
2. Possibility of Reverter
3. Right of Entry

Question 23

Reversion

Answer 23

When an estate ends naturally.

Grantor has a future interest in reversion when an estate ends naturally. It does not interrupt A’s possessory estate, but waits until the natural time span expires.

Question 24

Possibility of Reverter

Answer 24

Following a Determinable Estate.

O has future interest in possibility of reverter when a certain event happens. Will not interrupt A’s estate.

Question 25

Right of Entry

Answer 25

Following an estate subject to condition subsequent.

O has future interest in right of entry. When a possessory interest is subject to condition subsequent, the grantor must interrupt (or take action) the prior estate.

Question 26

O to A and her heirs so long as A doesn’t divorce, but if A divorces, then back to O

Answer 26

A has -> Possessory estate in fee simple determinable.

O has-> possibility of reverter in fee simple absolute.

Question 27

O to A, on the condition that A does not divorce.

Answer 27

A has -> possessory estate in fee simple subject to condition subsequent.
O has-> Right of entry.

Question 28

O to A, provided that A never drills for oil on the property.

Answer 28

A has-> Possessory estate in fee simple subject to a condition subsequent.
O has-> right of entry in fee simple absolute.

Question 29

O to A for 30 years while A resides on the premises.

Answer 29

Term of years determinable. O has reversion.

Question 30

Future interest on an estate subject to condition subsequent

Answer 30

Right of entry

Question 31

Future interest on determinable estate

Answer 31

Possibility of reverter

Question 32

Future interest on estate that ends naturally

Answer 32

Reversion

Question 33

What is B’s interest?

O to A for life, then to B.

Answer 33

Remainder

Question 34

Remainder

Answer 34

O to A for life, > then to B.<

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