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Real Property – Nutshell Examples - page 10 / 22

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Bob is alive, her remainder vests, and the grantor’s reversion is thereby divested. (68)

Executory Interest

Ex:Ann conveys to Bob for life and one year after Bob’s death to Cathy and her heirs.  Cathy has an executory interest.  Bob has a life estate, Ann has a reversion in fee simple subject to Cathy’s executory interest. (81)

Ex:Ann conveys to Bob for ten years and then to Cathy’s heirs.  Cathy’s heirs have an executory interest.  Bob has a term for years, and Ann has a FS subject to Bob’s term of years and subject to Cathy’s heirs executory interest. (82)

Ex:Ann conveys to Bob and his heirs, but if liquor is ever sold on the land, then to Cathy and her heirs.  Cathy has the executory interest in fs.  Bob has a FS subject to the executory limitation. (82)

Ex:Ann conveys to Bob and his heirs so long as liquor is never sold on the land, then to Cathy and her heirs.  Cathy has an exec interest. (82)

Ex:Ann conveys to Bob for life and then to Cathy and her heirs.  Cathy has a remainder and NOT an executory interest.  An executory interest exists only when a remainder cannot be created.  A remainder always takes immediately after the natural termination of the prior estate and not sooner or later.  (82)

The Rule in Shelley’s Case (just remainders, NOT exec ints)

Ex:Ann conveys to Bob for life, then to Bob’s heirs.  This appears to give Bob a life estate and a remainder in FS to his heirs.  But the Rule dictates that both the LE and the remainder are in Bob.  The remainder is transferred from the heirs to the ancestor.  So the gift becomes to Bob for life, remainder to Bob and his heirs.  (94)

Ex:Ann conveyed to Bob for life, then to Cathy for life, then to Bob’s heirs.  The rule converts the remainder in the heirs to a remainder in the ancestor.  the conveyance becomes to bob for life, remainder to Cathy for life, remainder to Bob and

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