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80 Cards in this Set
- Front
- Back
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What are:
O, G ? |
Owner, Grantor
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Decedent
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Dead person
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Testate and Intestate
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A decedent dies "testate" if he or she dies with a will. A decedent dies "intestate" if he or she dies without a will.
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Heirs
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The people who inherit real property from a decedent who dies intestate. Heirs are identified by statute in each state.
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Devise and Devisees
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To "devise" is to pass real property by will. The person receiving the property is a "devisee".
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Difference between Devisees and Heirs?
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Devisees are beneficiaries under a will; Heirs inherit property not disposed of by a will.
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Does a will create any property interest prior to the owner's death?
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No. The testator has to die before his devisees get any property interests.
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Bequest and Bequeath
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To "bequeath" is to pass personal property by a will. A decedent who dies testate "bequeaths" his personal property to those named in the will. The property itself is called a "bequest."
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Issue
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A person's lineal descendants all the way down the line. Issue include children, g-children, and all other lineal descendants to the point where the biological line dies out.
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Ancestors
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Biological forbears up the line. Parents, g-parents, etc.
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Collaterals
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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 heir or devisees, the interest in land "escheats" (passes) to the state.
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Convey
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A person "conveys" land when that person transfers it to it to someone else. The land can be conveyed by sale or gift.
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What estate does a current owner own?
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Current owner owns a Possessory Estate
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What estate does a future owner own?
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Future owner owns a Future interest.
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In the estate system, can land ownership be divided into time periods?
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Yes. The "nature" of the possessory estate tells us the duration of that estate.
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What are the possessory estates?
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Four types:
1) the fee simple 2) the fee tail 3) the life estate 4) the term of years. |
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If you see the words "and his or her heirs," what sort of Possessory estate are we probably dealing with?
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Fee Simple.
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"O to A" -- "to A" is the words of purchase.
What does "words of purchase" mean? |
It refers not to a sale but simply to a conveyance, whether by sale or gift.
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O to A and his or her heirs.
"his and her heirs" is the Words of Limitation. What does that mean? |
They tell you what limitations, if any, are inherent to this estate.
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What estate?
"O to A and the heirs of his or her body. |
Fee Tail
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What is Fee Tail?
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When O conveys land to A in fee tail, A cannot sell or give the land away. It must, upon A's death, be devised to A's issue. It cannot be willed; it isnt given to heirs (even if the heirs are the same as the issue), etc.
Also, it keeps passing to issue until the line dies out. |
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What is the Life Estate?
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When O conveys to A, A only possesses for his life. He cannot sell, give away, or devise the right to possess the land after the owner of the life estate dies. Upon his death, it does not pass to his issue.
“O to A for life.” |
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What is the Term of Years estate?
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Known as a lease.
Right to use the land for a set amount of time, and when that time expires, the land is returned to O. "O to A for X years" |
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What can an owner of any of the estates convey?
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Only what the owner has or part of what owner has.
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If O has a life estate, what can O convey to A?
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Possession for O's life. If O dies, then A does not lawfully possess it any longer.
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What is pur autre vie?
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"for the life of another"
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What if a conveyance is merely:
O to A What is A getting? |
Modern rule: A gets all that O can convey.
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Defeasible Estate
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A fee simple conveyance that is capable of being de-feased (brought to an end) by the occurrence of a particular event.
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Determinable Limitation
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The determinable estate will end automatically upon the happening of the limiting event. The grantor doesnt have to do anything.
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Limitation subject to a condition subsequent
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An estate subject to a condition subsequent will not end automatically upon the happening of the limiting event. To terminate an estate with an estate subject to a condition subsequent, the grantor will have to take some action to reclaim the property.
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Example of the difference between a Determinable Limitation and a limitation subject to a condition subsequent:
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If A owned a fee simple determinable (which ends automatically upon the happening of an event) and if the limiting even occurs, O now owns the possessory estate, even if O does nothing. A's estate has ended. However, if A owned a fee simple 'subject to a condition subsequent' (which doesnt end automatically), A still owns the possessory estate. A will keep the fee simple subject to condition subsequent until O acts to reclaim the land.
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Examples of words of temporal limitation?
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until, so long as, while, during ...
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Does the limiting language need to appear in the description of A's estate to make it a determinable limitation?
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Yes.
ex: "O to A and her heirs while A remains married, then to O." At the point that A is unmarried, the land is back to O. |
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Words indicating it is subject to a condition subsequent?
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Words of express limitation, ex: but if, provided that, on condition, however... these all come after the conveyance clause. ie, "O to A. But if A marries, back to O." The first part shows that the conveyance is completed and O has to act to get it back if the second clause is met.
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3-1
Which estate(s) can be said to be "absolute"? |
Fee simple with no added limitation.
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3-2
What are the inherently limited estates? |
Fee tail, life estate, & term of years,
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3-3
What kind of estates "end naturally"? |
Inherently limited estates. Ie,
Fee tail, life estate, & term of years, |
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3-4
Which kinds of estate ends automatically upon the happening of a limiting condition: a determinable estate or an estate subject to a condition subsequent? |
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? |
Estate subject to a condition subsequent.
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3-6
Name four examples of words or phrases of "temporal limitation," that is, words of phrases that signal a determinable estate. |
so long as, until, while, during
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3-7
Name four examples of words or phrases of "express condition," words that are subject to a condition subsequent |
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 condition subsequent, which allows the grantor to postpone the decision about whether to enforce the condition? |
Subject to condition subsequent
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3-9
As between a determinable estate and an estate subject to a condition subsequent, which used the condition as the durational marker defining the length of the estate granted? |
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 condition subsequent? |
estate subject to condition subsequent
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Reversion
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When an estate that ends naturally is passed back to the O.
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4-1
What future interest remains after O conveys a fee simple absolute? |
None.
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4-2
If the future interest following a life estate is in the grantor, what is it called? |
Reversion
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4-3
If the future interest following a term of years is in the grantor, what is it called? |
Reversion
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4-4
If the future interest following a fee simple determinable is in the grantor, what is it called? |
Possibility of reverter
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4-5
If the future interest following a fee simple subject to a condition subsequent is in the grantor, what is it called? |
Right of entry
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4-6
If the future interest following a life estate determinable is in the grantor, what is it called? |
Reversion
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4-7
If the future interest following a term of years subject to a condition subsequent is in the grantor, what is it called? |
Reversion
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4-8What is the name of the grantor's future interest that "waits patiently" for the prior estate to "end naturally"?
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Reversion
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4-9
What is the name of the grantor's future interest that can interrupt the prior estate, causing it to end early? |
Right of entry
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4-10
A grantor can have three future interests: a reversion, a possibility of reverter, and a right of entry. Which two operate automatically, without any action by the grantor? |
Reversion and a possibility of reverter.
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Determine the status of the estates before and after the facts occur.
5-58: "O to A for life, then to B's oldest child who survives B." Then B dies with two children living. |
Initially, A has a life estate. Prior to B's death, B's oldest living child has a FSA contingent remainder subject to a condition precedent.
After B dies & then A dies, B's oldest surviving child has a FSA. (I think) |
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Determine the status of the estates before and after the facts occur.
5-59: "O to A for life, then to A's oldest surviving child who has attained the age of 21." Then A's oldest child attains the age of 21. |
A has a life estate. and A's oldest child has a FSA contingent remainder subject to a condition precedent.
After A's oldest child attains the age of 21, then A has a vested remainder in FSA. (I think) |
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Determine the status of the estates before and after the facts occur.
5-60: "O to A for life, then to B if B marries." Then B gets married. Subsequently, B divorces. |
A has a life estate. B has a FSA contingent remainder subject to a condition precedent.
Once B marries, B has a vested remainder in FSA. Once B divorces it means nada. Cuz it doesnt end when B divorces. |
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Determine the status of the estates before and after the facts occur.
5-61: "O to A for life, then if B has died childless, to whoever is the Dean of State U of Law School at the time of A's death." Then B dies childless. |
A has a life estate. B has nothing. the Dean at the time of A's death has a contingent remainder in FSA subject to a condition precedent.
Once B dies childless, the Dean is still only possessory of a contingent remainder in FSA. |
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6-1
If the future interest following a fee simple determinable is in a second grantee, what is it called? |
Executory interest
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6-2
What do we call the future interest following a fee simple subject to an executory limitation? |
Executory Interest
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6-3
What do we call a second grantee's future interest when it follows a conveyance like "to A and her heirs until B retires from the Army"? |
executory interest
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6-4
To whom does an executory interest belong? |
the future interest holder who is not the grantor (ie, a grantee)
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6-5
Distinguish between an executory interest and a right of entry or possibility of reverter |
Executory interest only applies to grantees who hold a future interest; the other two apply to the future interests the Grantor has.
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6-6
What are the common words of temporal limitation that signal a determinable estate followed by an executory interest? |
So long as, until, while, during
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6-7
What are the common words of temporal limitation that signal an estate subject to an executory limitation (followed by an executory interest)? |
But if, however, on condition, provided that
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6-8
Does an executory interest take effect automatically upon the happening of a condition? |
Yes
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6-9
What do we call a second grantee's future interests that follows a life estate determinable? |
Remainder
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6-10
Of the future interests following an estate with an added limitation, which is the only one that does not operate automatically upon the happening of the condition? |
right of entry
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12-1
O to A for life, then to A's heirs and their heirs. |
A has a life estate. Since, due to the rule of shelley's case, A's heirs do not have an estate. Instead, the last part of the sentence is read "then to A". So A's final interest is a possessory estate in FSA.
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12-2
O to A for life, then to B for life, then to A's heirs and their heirs. |
A has a life estate originally; then we see than B has vested remainder in life estate, and we see that A's heirs have nothing and instead that part is read "then to A".
So, A has a life estate and vested remainder in FSA; B has a vested remainder in life estate. |
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12-3
O to A for life, then to O's heirs and their heirs. |
A has a life estate; O's heirs get nothing and instead is read "then to O". So O has a reversion in FSA.
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12-4
O to A for life, then to B for life, then t O's heirs and their heirs. |
A has a LE; B has a vested remainder in LE, the heirs have nada, and instead it reads "then to O". So O has a reversion in FSA.
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12-5
O to A for life, then to A's children. (A has two children, B and C) |
A had a life estate, A's kids have a vested interest FSA subject to open.
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12-6
O to A for life, but if A divorces, then to O's heirs. |
A has a life estate subject to an executory limitation. O's heirs have nothing; O has a reversion in FSA. (O also has a right of entry).
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12-7
O to A for life, then to B. Then B conveys to A's heirs. |
A has a life estate; B has a vested remainder in FSA, and O has a reversion. But when B conveys to A's heirs, A's heirs have a contingent remainder in FSA and B has a reversion in FSA.
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12-8
O to A for life, then to B for life, then to B's heirs and their heirs/ |
A has a life estate; B has a vested remainder in LE, and B's heirs have nothing, so then B has a LE & a vested remainder in FSA.
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12-9
O to A for life, and 2 years later to O's heirs. |
A has a life estate; O has a reversion in FSA
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12-10
O to A for life, then to B. Then B conveys to O's heirs./ |
A has a life estate; B has a vested remainder in FSA; but after conveyance, O's heirs have a contingent remainder in FSA;
and B has a reversion in FSA. |
