Estates/Future Interests

Question 1

Future Interest - remainder if….

Answer 1

• capable becoming immediate AND
• no “but if”

Otherwise, executory interest

Question 2

If remainder, then its vested if…

Answer 2

• to ascertainable person AND
• if there is something they have to do to get it

Otherwise, contingent remainder

Question 3

If executory interest, then…. S/S

Answer 3

Springing - divests transferor

Shifting - if a transferee is divested

Question 4

Future interest in Tor…

Answer 4

• Reversion - F.S. Absolute
• Poss of Reverter - F.S. Determinable
• Right of Entry - F.S. sub cond sub

Question 5

Future interest in Tee…

Answer 5

Remainder;

• vested remainder
• vest rem sub to divest - vested + cond sub
• vest rem sub to open - vested + open
• contingent remainder
• executory interest - if not remainder

Question 6

RAP

Answer 6

• No interest is good unless it must vest within 21 years after the last life in being ends