Chapter 6

Question 1

Executory Interest

Answer 1

A future interest created in a grantee and following an estate that might end before its natural duration by the occurrence of a particular event or condition. The description of the event or condition can actually define the prior estate’s duration, or it can be described as part of the executory interest interrupting the prior estate. Examples “O to A until B reaches 30, then to B,” and “O to A, but when B reaches 30, then to B.”

Question 2

Subject to an Executory Limitation

Answer 2

An estate is subject to this if it is followed by an interest in a grantee and if it can be interrupted by the occurrence of a particular event or condition not described directly as the measurement of the estate’s duration. Rather, the limiting event or condition is described as part of the following future interest interrupting the prior estate. Example: “O to A, but when B reaches 30, then to B.”