To make laws that man cannot, and will not obey, serves to bring all laws into contempt. -- Elizabeth Cady Stanton
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1. life estate
2. fee simple
2. sub. to exec. Limitation
3. vested rem
3. fee tail
3. sub. to condition subsequent
4. cont. remainder
4. Determinable are future
5. vested rem. sub to duration
WORDS OF LIMITATION
1. natural end
1. absolute = no interest
6. vest. rem. sub to partial fee tail &
2. sub to exec lim=exec int follow
3. sub cond sub=right of reentry
f. tail &
2. no end:
4. determinable=pos. of reverter
L. estate fee simple
7. shifting executory interest
8. springing executory interest
9. right of reentry
10. Possibility of Reverter
1. Who has present interest.
i.e. o to a for life.
Party interest estate defease
a present life est. no
o reversion fee simp. no
2. Know......No Test.(for vested/cont. remainder - FOR EXEC. INTEREST)
i.e. do we know the party and can party take with no conditions.
1. If pass both have vested remainder be aware that 3 types of
2. reversion - goes back to the grantor. remainder - goes to
grantee either vested or contingent
3. Can party lose estate after taking possession?
***If yes then:
1. Where does it go next (grantor or grantee):
If to grantor then:
1. automatic = subject to con. Sub
2. optional = determinable
If to grantee then:
1. subject to exec. limitation (**for both of these, then
refer to unnatural interests under defeasement)
1. O to A.
2. O to A for life.
3. O to A for life, then to B.
4. O the A for life, then to B's kids (B is alive w/ no kids).
5. O to A for life, then to B if B climbs Mt. Everest.
6. O to A, but if A seels booze on land then to B.
shift exec int
7. O to A when she marries, A is not married.
sub. exec. lim
spring ex. int
8. O to A for life then 10 years later to B.
sub exec. lim
spring ex int
9. O to A but if A farms land then O may re-enter and reclaim.
sub. cond. sub
10. O to A until land is farmed.
*****NEVER END ON CONTINGENT REMAINDER ONLY VESTED..
1. O to A & A's Heirs.
2. O to A for life.
3. O to A for life then to B's first child to go to college (none have
4. O to A for life, then B for life, then to C for life.
***not considered contingent rem. above because condition is not B being
alive at time, this is just assumed that he is alive under the
5. O to A for life, then to B if B not married (B is not married).
***IF NOT ABSOLUTE OR REMAINDER, THAN MUST BE REVERSION.
COMMON LAW RULES THAT AFFECT FUTURE INTERESTS
1. SHELLEY'S RULE ( grantee is loophole).
O to A for life then to A's heirs.
--Rule says heirs are a part of A so rewritten as: O to A (in fee simple
**reasoning - to close inheritance tax loop, was no transfer tax so
could give o to a for life than a's heirs and never have to pay taxes.
EXCEPTION: at common law - when heirs are split (i.e. o to a for life,
then b fo life, then a 's heirs/ this is
DOCTRINE OF WORTHIER TITLE
O to A for life then to O's Heirs.
O's heirs equal O so : A has present life estate & reversion to O in
fee simple (NOT O's Heirs).
COMMON LAW RULE AGAINST PERPITUITIES
REASONING: when property is splintered over a long period of time with
unvested interests hanging open, court does not like restrictions on
alienation so pulls the interests back together after 21 years of some
1. All interests must vest....
A. Good Interests
1. Contingent remainders
2. Springing exec. interests
3. Subject to open
B. Bad Interests
1. Shifting exec. interest (90% of time).
2. If at all............Either MUST VEST or will be DESTROYED.
3. Before everyone dies or within 21 yrs of their death....
1. everything must vest
2. everything must be destroyed within this time frame
O to A , but if A or his heirs farms, then to B. A farms 2 years later.
1. State Title at Time of Conveyance using PIED Chart.
shifting fee simple
sub. exec lim
so is bad
shift ex int.
2. Apply the Rule Against Perpituities.
**Does it vest or is it destroyed while A & B alive?
pos. of revert
fee simple abso
3. Do the Adjustments.
-B's interest is killed because is bad, so can't have it - is wiped out.
(kills t interest only, NOT the limitations).
-possibility that A will never farm, nor his heirs, so B's interest may
this makes the interest bad. RAP destroys it.
**Executory Interests are exception:
1. the condition must occur during the life of parties.
GOOD - O to A, but if A divorces my daughter than to B.
O to A, then to B if B graduates law school.
sub ex limitation shifting ex int
**Both are good because the condition must be met and occur during life
of parties - can't divorce or finish law school when you are dead.
EXCEPTIONS TO RAP (Remember which 3 interests are usually good)
1. Generation Jump
O to A for life, then B's grand kids who reach 21.
***Presumed to be good UNLESS grand parent is alive - if grandparent is
alive, then NOT good because still open.
Good - O devises to his grandkids who reach 21. (good because devises means dead, does not fall under exception).
Bad - O conveys to his grandkids who reach 21, none are 21. (bad
conveys means O is alive, kids have unvested interest, falls under
2. Neighbors Kids
O to A for life, then to B's kids who reach 30, kids are not 30, are 13,
***Good - UNLESS parent is alive, then cross out kids interest.
3. Unborn Widow
O to A for life, then to A's widow for life, then to A's surviving kids.
***Don't know who widow is.
Look for WIDOW and SURVIVING as key words.
Don't know who widow is until A is dead so not good.
*****REMEMBER - 99% OF TIME CONT. REMAINDER, SPRINGING EXEC. INT, AND
VESTED SUBJECT TO OPEN ARE GOOD. UNLESS FALL UNDER EXCEPTIONS.
1. You're alive if you have been conceived.
2. You're never to old to have children (fertile octogenarian rule)
3. A shifting executory interest if owned by a charity will not be
killed to be nice to charity.
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