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Reversion: interest left in owner when he carves out of his

estate a lesser estate & doesn't say who takes property Estate automatically reverts to O on A's death. O's interest -
Life Estate
when lesser estate expires. May or may not become reversion - is transferable, descendible, and devisable. Future Interests
possessory in future. O conveys "To A for life."

Fee Simple Possibility of Reverter: owner carves out of his estate a Estate automatically reverts to O upon occurrence of the
Grantor (O) Determinable
determinable estate of same quantum. O conveys "to A as stated event. O's interest - possibility of reverter -is
transferable, descendible, and devisable.
long as Blackacre is used for X purposes."

Fee Simple Subject Estate does not revert automatically. O (grantor) must
Right of Entry: O retains power to cut short estate. O
exercise his right to re-enter! The right of re-entry is
to Condition conveys Blackacre "to A, but if A ceases to do X, O retains
descendible, divsable, and usually transferable intervivos
right to re-enter."
Subsequent (but some states say not transferable).

Indefeasibly Vested:
certain to become
O conveys " To A for life, then to B and her heirs." B is
possessory in the future,
certain to take possesion when A dies. If B dies before A,
cannot be divested B's remainder is transferable
B's heirs possess (Side note: if B dies intestate without
during life and at death.
heirs during A's life, B's remainder escheats to state,
Vested Subject to Open: which takes property at A's death)
vested in class of persons (such
as A's children), certain to take
possession, at least one of whom
O conveys " To A for life, then to A's children." If A has Either child can transfer or
VESTED: a is asecertained, but shares of a child, B, the remainder vested in B is subject to "open sell their interest during life
remainder given to an up" and let in other kids as long as A is alive and can
class members not yet fixed at death. If A dies, children
ascertained person
because more people can have more children. If A has a second child, C, that child own a fee simple as tenants
and is not subject to
become members of class also has a vested remainder subject to open. (Note: If A in common.
any condition
precedent has no kids, remainder contingent because no one is
Vested Subject to ascertained).
O does not have a reversion.
Complete Defeasance:
remainder is asecertained, O conveys " To A for life, then to B, but if B leaves the B's remainder is transferable
interest not subject to legal profession, then to C." B has a vested remainder while he is lawyer, but if he
condition precendent, but right to subject to divestmen by C. C has executory interest that leaves the legal profession,
possession is defeated by can become posssory only by divesting B's estate. If B not transferable.
happening of a condition
subsequent (appears after
forfeits estate by leaving law, C becomes beneficiary.
B doesn't have contingent remainder
language introducing
Remainder: remainder-main) or by inherent
because he is not unasecertained,
" To A for Life, then to B's heirs." B is alive. no condition precedent.
(always follows limitation of estate in remainder Takers are not ascertained, remainder is contingent
life estates) on B's death - when heirs can be ascertained. If B
dies during A's life, remainder will vest in B's heirs at
B's death

Contingent because O conveys " To A for life, then to A's children." A


Takers are Unascertained: has no children. Remainder contigent on children
being born (takers ascertained). If child is born,
Person is not yet born or
Transferee can't be determined until
remainder vests in that child subject to open

(Third Party) Contingent happening of an event


O conveys " To A for life, then to B and her B's remainder is transferable
heirs if B survives A." "If B survives A" is a during life, but if B doesn't survive
Contingent because condition precedent. B can only take A, no longer transferable.
Condition Precedent: possession if B survives A. C's remainder is transferable
express condition (other during life and at C's death if A is
Executory than termination of then alive.
O conveys " To A for life, then to B and her heirs if
Interest: preceding estate) must B survives A, and if B does not survive A, to C
to become possessory, occur before remainder is and his heirs." "If B survives A" subjects B's
has to divest an remainder to condition precedent of B surviving A. "If
possessory
interest in another B does not survive A" subjects C's remainder to
transferee or divest a Note: difference between a contingent
opposite CP. Alternative CRs - if remainder in B vests,
transferor in the future remainder in C cannot, and vice versa. (Weedon remainder subject to condition precedent &
(CANNOT FOLLOW case) shifting executory interest is in the comma
LIFE ESTATE) placement!
Shifting Executory
Interest
Divests interest of another transferee. Always follows a defeasible fee & " To A for life, then to B and her heirs if B
cuts short someone other than O. O conveys " To A, but if B returns marries C, but if B does not marry C, to D and
from Rome, to B." A has fee simple subject to executory limitation. B has
his heirs." contingent remainder for both B
Springing shifting executory interest.
and D.
RAP: applies to executory Executory Interest
interests, vested remainder Follows a gap in possession or divests estate of transferor. Takes effect by
" To A for life, then to B and her heirs, but if B
cutting short O. O conveys " To A upon A's marriage to B." O has a fee
subject to open, contingent simple subject to executory interest. A has a springing EI in fee
does not marry C, to D and his heirs." - B has
vested remainder subject to complete
remainders simple - when weds, takes from O. (O retains fee simple and creates EI
in A to "spring out" of O in future, but O does not have a reversion). defeasance and D has shifting executory
interest.