term1 Definition1term2 Definition2term3 Definition3
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Do Fee Tails exisit in NY?
No.
a) Create:
i) “To A and the heirs of his body.”
b) Characteristics:
i) Virtually abolished in US, including NY. Hardly ever tested.
ii) Historically, fee tail would pass directly to grantee’s lineal blood descendents no matter what.
iii) If you attempt to create a fee tail today, it creates instead fee simple absolute.
Fee simple determinable
In NY this is called a fee on limitation.
Fee simple subject to condition subsequent
In NY this is called a fee on condition.
NY Distinction for Amerolative Waste
NY Distinction
1. By statute, a life tenant may make reasonable improvements unless the remaindermen object.
2. Look for kind of change a prudent fee simple would do.
3. So you can’t convert a home into a movie cinema, even if the value of the premises is increased.
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