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30 Cards in this Set

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What words grant a FSA?
"to A and his heirs" (CL)

"to A" (Modern)
What words create a FSD?
"so long as"
"during"
"until"
"while"
What are O's interests after granting a FEE SIMPLE DETERMINABLE?
Possibility of Reverter
What words create a FSSCS?
"but if"
"on condition that"
"provided that"
What are O's interests after granting a FEE SIMPLE SUBJECT TO CONDITION SUBSEQUENT?
Right of Re-entry
What is a FSSEL?
a fee simple estate where ownership passes from grantee to one other than grantor
O conveys to A and his heirs
A = FSA
O conveys to A so long as the property is used for farming
A = FSD
O = Possibility of Reverter
O conveys to A but if the land is not used for farming, O has the right to re-enter the land.
A = FSSCS
O = Right of Re-entry
O conveys to A so long as the property is used for farming, then to B and his heirs.
A = FSSEL
B = Shifting Executory Interest
O to A and his heirs, but if B returns from London, then to B and his heirs.
A = FSSEL
B = Shifting EI
O to A for life, and one year later, to B and his heirs.
A = LE
B = Springing EI
What words distinguish a FEE TAIL?
"to A and the heirs of his body"
Does O have a interest after granting a FT?
Yes, a reversionary interest (if the estate expires)
What interest does O have after granting a LIFE ESTATE (LE)?
Reversion
What is a LIFE ESTATE PUR AUTRE VIE?
A life estate measured by the life of another.
O to A for the life of B
A = LE pur autre vie B
O = reversion
Distinguish VESTED and CONTINGENT REMAINDERS.
VR:
1) given to ascertained person AND
2) not subject to condition precedent

CR:
1) given to unascertained person OR
2) subject to condition precedent
What are the 3 types of vested remainders?
1) absolutely vested
2) subject to partial divestement (subject to open)
3) subject to complete divestment (terminated by EI, Right of entry)
What is the Destructibility of Contingent Remainders?
If the remainder did not vest before the end of the prior estate
O to A for life, remainder to A's heirs.

(using the Rule in Shelley's Case)
A = FSA
O to A for life, then to B for life, then to A's heirs.

(using the Rule in Shelley's Case)
A = LE and REMAINDER
B = VR in LE
O to A for life, then to my heirs

(using the Doctrine of Worthier Title)
A = LE
O = reversionary interest
O to A for life, then to my heirs

(if the Doctrine of Worthier Title does NOT apply)
A = LE
O's heirs = CR in FSA
Distinguish a CONTINGENT REMAINDER and EXECUTORY INTEREST.
A remainder takes possession immediately after the estate ends and cannot follow a fee simple estate.

An EI ends an estate/interest before natural termination.
O to A for life, but if A becomes bankrupt, then to C and his heirs.
A = LE subject to EL
C = Shifting EI in FSA
O to A for life and 5 years after A's death to B and his heirs.
A = LE
B = Springing EI in FSA
O = Reversion in FSSEL
What creates a JOINT TENANCY with RIGHT of SURVIVORSHIP?
"to A and B and C with right of survivorship"

it requires 4 unities (PITT)
1) unity of Possession
2) unity of Interest
3) unity of Title
4) unity of Time
What is a TENANCY by the ENTIRETY?
similar to JTwRoS, except only permitted between husband and wife

(it cannot be ended by partition and creditors cannot get the property of the other spouse)
What is a TENANCY in COMMON?
the only unity is Possession, and there is no Right of Survivorship
What are the unities?