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78 Cards in this Set
- Front
- Back
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Testor
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Person who died with a will
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Decedent
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A dead person
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Heirs
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People who inherit real property from a decedent who dies intestate (without will). MUST BE DEAD TO HAVE HEIRS.
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Devise and Devisees
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Devise- pass real property by will.
Devisees- The person receiving the property. |
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Bequest and Bequeath
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Bequeath- to pass personal property by will
Bequeaths- his or her property to those on a will |
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Issue
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A persons lineal descendent all the way down the line. Include: children, grandchildren, and all other descendants.
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Ancestors
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A persons biological forebears all the way up the line. Include parents, grandparents, great-grandparents, and lineal forebears.
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Colatterals
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All blood relatives other than issue or ancestors. Collaterals include siblings, cousins, aunts, uncles, nieces, and nephews
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Escheat
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If a decedent has no heirs or devisees, the interest in land is "escheat" (passed) to the state.
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Convey
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A person "conveys" land when that person transfers it to someone else.
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Possessory Estate & Future Interest
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Possessory Estate- a person to land rights now, in the present.
Futur interest- right to posses the land in the future. |
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The nature of the state tells us the duration they are:
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fee simple
fee tail life estate term of years |
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O to A and his or her heirs. Is a?
Word purchase? Word limitation? What does A have? and heirs? |
Fee simple because of "and his or her hers."
Purchase: to A Limitation: "and his or her heirs." A has fee simple. Heirs have nothing. |
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Fee tail Defining nature
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A cannot sell or give or devise the right to possession after A's death, regardless of whether A has a will... A can do nothing that would prevent the land from passing to his or her issue. The law assumes that at some point the line will die out; hence it is a fee tail with an inherently limited estate.
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O to A and the heirs of his or her body.
Words of purchase? Words of limitation? |
Fee tail
Purchase: "to A" limitation: heirs of her body. A has fee tail; but becarefull there is no legal recognizable interest to A's heirs or issue. |
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Life estate defining nature.
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Like fee tail the owner only has the right to possess the property... they cannot sell or will the land after the owner of the life estate dies. Unlike a fee tail a life estate does not pass to the owners issue on death.
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O to A for life.
Words of purchase? Words of limitation? |
Life estate.
Purchase: to A Limitation: for life |
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Term of years defining nature (or lease).
Seisin: |
The owner of one of the other varieties of estates promise to let someone else use the land for a set period of time. They cannot sell, give, or device the right to use land beyond the leased period.
Seisin: The right to possession of land accompanied by particular responsibilities such as the payment of taxes. Note: the other states are freehold estates. |
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O to A for 10 years.
Words of purchase? Words of limitation? |
Term of years or lease.
Purchase: to A Limitation: for 10 years. |
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What can the owner of a fee simple, a fee tail, a life estate, or a term of years convey?
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The owner of an estate can convey part or all of what the owner has but not more.
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pur autre vie
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Means for the life of another and obviously used in life estates.
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O to A for life. A rents to B
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A can only give what he has, so B gets a life estate (for the life of A). If B dies his heirs get life estate for the term of A's life.
This is true for lease also. |
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O to A and the heirs of her body; A rents to B.
A dies: If B dies before A: |
fee tail
A dies passes to heirs If B dies before A the right to possess can pass to B's heirs. |
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O to A; nature of
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A grantor who does not use words of limitation is presumed to intend to convey all that the grantor could convey.
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O to A an her heirs
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FS
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O to A for 2 years
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Term of yrs
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O to A and the heirs of his body.
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fee tail
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O to A for life.
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LE
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O to A (assumed modern law)
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fs
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O conveys to A and her heirs.
B is A's only child. What is the duration of B's estate? |
A has fs
B has nothing. |
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O conveys to A and the heirs of his body. Then A conveys to B (assume original fee tail). What is the duration of B's estate?
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A can convey only the right possess the land during A's life. Therefore, B's estate will last only until A dies.
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O conveys to A for life. Then A conveys to B. What is the duration of B's estate?
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B has a life estate pur autre vie. A is the measuring life. B's life estate will last until A dies.
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2-12 O conveys to A for 10 years. Then A immediately conveys to B. What is the duration of B's estate?
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B's estate ill last for the remainder of the 10 years.
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2-13 O conveys to A for life. Then A conveys to B for 2 years. One month later A dies. What is the duration of B's estate?
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B's estate ends when A dies.
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2-14 O conveys to A and his heirs. Then A conveys to B for 2 years. One year later A dies. What is the duration of B's estate?
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B's estate is unaffected by A's death B ha one more year of possession left.
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2-15 O conveys to A for life. In 1993, A conveys to B for 2 years. A dies in 2001. What is the duration of B's estate?
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B's estate ended in 1995
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2-16 O conveys to A and the heirs of her body. Then A dies, devising her entire estate to her husband, B. A had one child C. What is the duration of B's estate?
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B has no estate upon the death of the holder, a fee tail passes automatically to the holder's issue without regard to the terms of the holder's will. C has the right to possession.
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2-17 O conveys to A for life. The A dies, devising her entire estate to B. What is the duration of B's estate?
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B has no estate. Upon the death of A, the life estate ended.
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2-18 State whether each person other than O has an interest: O to A and the heirs of his body. A has two sons (B and C) and two grandchildren (D and E).
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A has an interest and no heirs until he dies.
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2-19 State whether each person other than O has an interest: O to A and her heirs. A has a husband (B) and one child (C).
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A has an interest and no heirs until he dies.
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2-20 State whether each person other than O has an interest: O to A for the life of B.
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A has an interest
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2-21 State whether each person other than O has an interest: O to A. A has no husband and no children but has a living father and mother. (assume modern law).
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A has an interest
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2-22 State whether each person other than O has an interest: O to A for life. Then A conveys to B. B dies intestate with one heir, C.
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C has an interest
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2-23 State A's interest and who else may have an interest and why: O to A for 2 years.
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A has a term of years. O has the right to possession after A's term of years ends.
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2-24State A's interest and who else may have an interest and why: O to A and the heirs of his body.
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A has fee tail. O has the right to possession after A's issue die out.
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2-25 State A's interest and who else may have an interest and why: O to A for life.
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A has life estate. O has the right to possession after A dies.
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2-26 State A's interest and who else may have an interest and why: O to A and her heirs.
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A has fee simple. No one else has a right to possession either now or in the future.
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2-27 State A's interest and who else may have an interest and why: O to A for the life of B.
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A has a life estate pour autre vie. O has the right to possession after B (the measuring life) dies.
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2-28 State A's interest and who else may have an interest and why: O to A. (assume modern law).
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A has fee simple. No one else has a right to possession either now or in the future.
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Define defeasible
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A fee that is capable of being defeased (brought to an end) by the occurence of a particular event.
Ex: if the grantor wants the land back if A ever gets divorced; the grantor could convey a fee simple but add a limitation that would bring the land back to the grenaotr if A divorces. |
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When does a determinable estate end?
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Automatically upon the happening of the limiting event.
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When does an estate subject to a condition subsequent end?
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NOT automatically, but when the grantor takes action to reclaim the property.
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Characteristics of determinable (3)
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1. Words like: until, so long as, while, or during.
2. the limitation is durational. 3. the limitation is before the punctuation signaling the end of the description of A's estate. |
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Characteristics of subject to a conditional subsequent (3)
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1. Words like: but if, provided that, on condition that, and however.
2. It is NOT durational 3. limitation is placed after the punctuation mark signaling the end of the description of A's estate. |
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3-1 Which estates can be said to be absolute?
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Only fee simple can be absolute
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3-2 What are the inherently limited estates?
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Fee tail, life estate, and term of years.
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3-3 What kind of estates end naturally?
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Fee tail, life estate, and term of years.
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3-4 Which kind of estates ends automatically upon the happening of a limiting condition: a determinable estate or an estate subject to conditional subsequent?
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A determinable estate.
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3-5 Which kind of estate does NOT end automatically upon the happening of a limiting condition: a determinable estate or an estate subject to condition subsequent?
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An estate subject to a conditional subsequent.
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3-6 Name four examples of words or phrases of temporal limitation that is, words or phrases that signal a determinable estate.
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Until, while, during, as long as.
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3-7 Name four examples of words or phrases of express condition that is, words or phrases that signal an estate subject to a conditional subsequent condition.
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But if, provided that, on condition that, however.
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3-8 As between a determinable estate and an estate subject to a conditional subsequent, which allows the grantor to postpone the decision about whether to enforce the condition?
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An estate subject to a conditional subsequent
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3-9 As between a determinable estate and an estate subject to a condition subsequent, which uses the condition as the durational marker defining the length of the estate granted.
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Determinable estate.
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3-10 In which estate does the occurrence of the condition interrupt the prior estate: a determinable estate or an estate subject to conditional subsequent?
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An estate subject to a conditional subsequent
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3-11Draw a vertical line marking the end of the words describing the possessory estate and label the possessory estate:
O to A as long as A does not divorce B, then back to O. |
O to A so long as A does not divorce B,/ then back to O. A: possessory estate in fee simple determinable.
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3-12 Draw a vertical line marking the end of the words describing the possessory estate and label the possessory estate:
O to A and her heirs so long as A does not divorce B, but if A divorces B, then back to O. |
O to A and her heirs so long as A does not divorce B, / but if A divorces B, then back to O. A: Possessory estate in fee simple determinable.
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3-13Draw a vertical line marking the end of the words describing the possessory estate and label the possessory estate: O to A ahd his heirs, but if A divorces B, then to O.
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O to A and his heirs,/ but if A divorces B, then to O. A: Possessory estate in fee simple subject to condition subsequent.
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3-14 Draw a vertical line marking the end of the words describing the possessory estate and label the possessory estate: O to A, on the condition that A does not divorce B.
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O to A,/ on the condition that A does not divorce B. A: possessory estate in fee simple subject to condition subsequent.
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3-15 Draw a vertical line marking the end of the words describing the possessory estate and label the possessory estate: O to A and his heirs, provided that A does not divorce B, then to O.
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O to A and his heirs,/ provided that A does not divorce B, then to O. A: Possessory estate in fee simple subject to a condition subsequent.
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3-16Draw a vertical line marking the end of the words describing the possessory estate and label the possessory estate: O to A until A divorces B, then back to O.
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O to A until A divorces B, / then back to O. A: possessory estate in fee simple determinable.
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3-17 Draw a vertical line marking the end of the words describing the possessory estate and label the possessory estate: O to A; however, if A divorces B then to O.
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O to A;/ however, if A divorces B, then to O. A : possessory estate in fee simple subject to a condition subsequent.
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3-18 Draw a vertical line marking the end of the words describing the possessory estate and label the possessory estate: O to A and her heirs while A refrains from divorcing B.
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O to A and her heirs while A refrains from divorcing B. / A: Possessory estate in fee simple determinable.
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3-19 Draw a vertical line marking the end of the words describing the possessory estate and label the possessory estate: O to A and her heirs during the time that A refrains from divorcing B, then back to O.
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O to A and her heirs during the time that A refrains from divorcing B,/ then back to O. A: Possessory estate in fee simple determinable.
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3-20 Draw a vertical line marking the end of the words describing the possessory estate and label the possessory estate: O to A. (assume Modern law).
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O to A./ A: possessory estate in fee simple absolute.
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3-21 Draw a vertical line marking the end of the words describing the possessory estate and label the possessory estate: O to A, provided that A never drills for oil on the property.
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O to A, /provided that A never drills for oil on the property. A: possessory estate in fee simple subject to a condition subsequent.
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3-22 Draw a vertical line marking the end of the words describing the possessory estate and label the possessory estate: O to A and his heirs for so long as A cares for B on the premises.
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O to A and his heirs for so long as A cares for B on the premises./ A: possessory estate in fee simple determinable.
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3-23 Draw a vertical line marking the end of the words describing the possessory estate and label the possessory estate: O to A for life or until B graduates from medical school.
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O to A for life or until B graduates from medical school./ A: possessory estate in life estate determinable.
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3-24 Draw a vertical line marking the end of the words describing the possessory estate and label the possessory estate: O to A and the heirs of his body.
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O to A and the heirs of his body./ A:Possessory estate in fee tail.
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