Estates Hypos Flashcards
O → B and his heirs.
Fee simple absolute
O → B and his heirs so long as the property is used for residential purpose.
Fee simple determinable with a possibility of reverter to the grantor
O → B and his heirs, but if the property is not used for residential purposes, A and his heirs shall have a right of entry and repossession.
Fee simple subject to a condition subsequent with a power of termination (right of entry) in the grantor.
O → B and his heirs so long as the property is used for residential purposes, then to C and his heirs.
Fee simple with an executory limitation and a shifting executory interest.
O → B and his heirs, but if the property is not used for residential purposes, C and his heirs shall have a right of entry and repossession.
Fee simple subject to an executory limitation and an executory interest.
O → B and the heirs of his body
Fee tail with a reversion for the grantor.
O → B and the heirs of his body by his wife W.
Fee tail special with a reversion for the grantor.
O → B and the heirs of his body, then to C and his heirs.
Fee tail with a vested remainder.
O → B for life.
Life estate with a reversion for the grantor.
O → B for life of X.
Life estate pur autre vie with a reversion for the grantor.
O → B for life, then to C and his heirs.
Life estate with a vested remainder.
O → B for life, then to C and his heirs if C passes the bar.
Life estate with a reversion for the grantor and a contingent remainder.
O → B and her heirs for so long as it is used for residential purposes.
Fee simple determinable and a possibility of reverter.
O → B and her heirs, but if it is not used for residential purposes, then A shall have a right of entry.
Fee simple subject to an executory limitation with an executory interest.
O → B and her heirs for so long as it is used for residential purposes, then to C and his heirs.
Fee simple with an executory limitation and a shifting executory interest.
O → B and her heirs, but if it is not used for residential purposes, then C shall have a right of entry.
Fee simple subject to an executory limitation and a shifting executory interest.
O → A and the heirs of his body by W.
Fee tail special. Only lineal descendants of both A and W can inherit with possibility of reversion.
O → A and the UM-educated heirs of his body.
Fee tail special with possibility of reversion.
O → A and his heirs as long as the land is farmed.
Fee simple determinable with possibility of reversion.
O → A and his heirs until the land is no longer farmed.
Fee simple determinable with possibility of reversion.
O → A and his heirs, but if the land is not farmed, then O and his heirs may reenter and claim the land.
Fee simple subject to condition subsequent with a right of entry.
O → The Church, its successors and assigns, but if the land ceases to be used for church purposes, O or her heirs may reenter and reclaim the land.
Fee simple subject to condition subsequent with a right of entry.
O → A for life, then if B survives A, to B and his heirs.
Life estate with a contingent and a possibility of reversion.
O → A for life, then to B’s oldest child living at the time of A’s death and that child’s heirs.
Life estate subject contingent remainder and a possibility of reversion. B’s (possible) oldest child [at the time of A’s death] has an expectancy in fee simple.
O → A for life, then to A’s firstborn child and that child’s heirs.
Life estate subject to contingent remainder and a possibility of reversion. A’s (possible) firstborn child has an expectancy in fee simple.
O → A for life, then to B and his heirs as long as the land is farmed.
Life estate with a vested remainder in fee simple determinable and a possibility of reversion.
O → A for life, then to B for life, then to C for life.
Life estate with a vested remainder in life, and a vested remainder in life.
O → S for life, then to A’s and his heirs if A marries S and, if A fails to marry S, then to B and his heirs.
Life estate subject to a contingent remainder in fee simple with an alternate contingent remainder in fee simple and a possibility of reversion.
O → A for life, then to B and his heirs if B marries C.
Life estate subject to a contingent remainder in fee simple with a possibility of reversion.
O → A for life, then to the children of A and their heirs.
[Assume A has one child, B.]
Life estate with a vested remainder subject to open.
O → A for life, then to B and his children.
Life estate with a vested remainder subject to open.
O → A for life.
O has a reversion in fee simple that is certain to become possessory. At A s death, either O or O s successor in interest will be entitled to possession.
O → A for life, then to B and her heirs if B survives A.
O has a reversion in fee simple that is not certain to become possessory. If B dies before A, O will be entitled to possession at A s death. On the other hand, if A dies before B, O s reversion is divested on A s death and will never become possessory
O → A for life, then to B and her heirs.
B has an indefeasibly vested remainder certain to become possessory upon termination of the life estate. If B dies during A s life, on B s death B s remainder passes to B s devisees, or, if B dies without a will, passes to B s heirs, or, if B dies without a will and without heirs, escheats to the estate. B or B s successor in interest is certain to take possession upon A s death.
O → A for life, then to A s children and their heirs. A has one child, B.
The remainder is vested in B subject to open to let in later born children. B s exact share cannot be known until A dies. If A has no child at the time of the conveyance, the remainder is contingent because no taker is unascertained.
O → A for life, then to the heirs of B. B is alive.
The remainder is contingent because the heirs of B cannot be ascertained until B dies. No living person has heirs, only heirs apparent. If B s heirs apparent do not survive B, they will not be B s heirs. The words heirs of B refers only to persons who survive B and are designated as B s intestate successors by the applicable statute of intestate succession.
O → A for life, then to B and her heirs if B survives A.
The language if B survives A subjects B s remainder to a condition precedent B can take possession only if B survives A.
O → A for life, then to B and her heirs if B survives A, and if B does not survive A to C and his heirs.
The language if B survives A subject s B s remainder to the condition precedent of B surviving A, and the language and if B does not survive A subjects C s remainder to the opposition condition precedent. Here we have alternative contingent remainders in B and C. If the remainder in B vests, the remainder in C cannot, and vice versa.
O → A for life, then to B and her heirs, but if B does not survive A to C and his heirs.
Note carefully: B does not have a contingent remainder. B has a vested remainder in a fee simple subject to divestment; C has a shifting executory interest which can become possessory only by divesting B s remainder.
Prior to the State of Uses (1536), O conveys Whiteacre, a small tract of land, to my eldest son A and his heirs, but if A inherits Blackacre (the family manor), then Whiteacre is to go to my second son B and his heirs.
Under this conveyance, A takes a fee simple absolute and B takes nothing. O cannot shift title and thus is prevented from planning in this manger for contingent events. (no shifting interest)
Prior to the Statute of Uses, O → A and her heirs when A marries B.
Under this conveyance, A takes nothing; O is left with the fee simple. (no springing interest)
Before the Statute of Uses, O goes on the land and enfeoffs X and his heirs to hold to the use of A and his heirs, but if A inherits the family manor, then to the use of O s second son B and his heirs.
Compare to Example 9 Shifting interest
