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Real Property – Nutshell Examples - page 8 / 22

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Ex:A (FS) To Bob for life, and then to Cathy for life, and then to Don and his heirs.  Bob has a LE, Cathy has a remainder in a LE, and Don has a remainder in FS.  Ann has nothing. (63)

Ex:A (FS) To Bob for 10 years and then to Cathy and her heirs.  Bob has an estate for years, and Cathy has a remainder in fee simple after an estate for years. (63)

Ex:A (FS) To Bob and his heirs so long as the land is used for farm, and then to Cathy and her heirs.  Cathy does not have a remainder, because the equivalent interest in the grantor would be a POR, not a reversion.  B/C Cathy’s interest is not a remainder, it must be an executory interest because that is the only other type of future interest that is originally held by someone other than the grantor. (64)

Ex:A (FS) To Bob and his heirs, but if liquor is ever sold on the land, then Cathy and her heirs may re-enter and repossess the land.  Cathy does not have a remainder, because this would be a right of reacquisition in the grantor, rather than a reversion.  therefore, Cathy has an executory interest. (64)

Contingent Remainder

Ex:To Bob for life, remainder to those of his kids that survive him.  His kids have a contingent remainder b/c it is unknown which of them will survive him. (65)

Ex:To Bob for life, remainder to Cathy’s heirs.  Same as above. Who are Cathy’s heirs, she isn’t dead yet.  (65)

Ex:To Bob for life, remainder to Cathy and her heirs if she is 21 when Bob dies, and if not then to Don and his heirs.  Cathy has a contingent remainder and so does Don.  the condition precedent for Don is Cathy’s not becoming 21 before Bob dies.  These are alternative contingent remainders because the same condition applies to both. (65)

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