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64 Cards in this Set

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Define: Decedent
A dead person.
Define: Testate
A decedent who dies "testate" dies with a will.
Define: Intestate
A person dies without a will dies "intestate."
Define: Heirs
The people who inherit real property from a person who dies intestate.
Define: Devise
To pass real property by will.
Define: Devisee
The person receiving real property by will.
Define: Bequest
Personal property passed by will.
Define: Bequeath
To pass personal property by will.
Define: Issue
A person's lineal descendants all the way down the line (to the point where the biological line dies out).
Define: Ancestors
A person's biological forebears all the way up the line.
Define: Collaterals
All blood relatives other than issue or ancestors.
Define: Escheat
If a decedent has no heirs or devisees, the interest in land "escheats" (passes) to the state.
Define: Convey
A person "conveys" land when that person transfers it to someone else. The land can be conveyed by sale or gift.
Define: Possessory Estate
The right to possess the land now, in the present.
Define: Future Interest
The right to possess the land in the future.
Name the four possessory estates.
1. Fee Simple
2. Fee Tail
3. Life Estate
4. Term of Years
Define: Fee Simple
An interest that can, theorhetically, continue forever.
Define: Words of Purchase
The part of a conveyance that identifies the grantee.
Define: Words of limitation
The part of a conveyance that identifies the nature of the estate conveyed.
Define: Fee Tail
An interest that passes automatically to the holder's issue upon the holder's death and that ends when the last lineal descendant dies.
Define: Life Estate
An interest that will end upon the death of the person whose life is designated as the measuring life.
Define: Term of Years
A lease for a designated period of time.
Define: Seisin
The right to possession of land accompanied by particular responsibilities, such as the payment of taxes.
Define: Life Estate Pur Autre Vie
A life estate that lasts for the duration of the life of another.
What if the conveyance has no limitations? Ex: O to A.
A grantor who does not use words of limitation is presumed to intend to convey all that the grantor could convey.
Define: Absolute
An estate without an limitations at all (with no inherent limitations and no added limitations). Only fee simple can be "absolute."
What is the term used to indicate added limitations for a fee tail, life estate or term of years?
There is no term to indicate the absence of added limitations for a fee tail, life estate, or term of years.
Define: Defeasible Estate
The name for the category of estates that could end early by the happening of a particular event. Two kinds of defeasible estates are determinable estates and subject to a condition subsequent.
Define: Determinable
An estate is determinable if the grantor has described its duration as measured by the occurence of a particular condition or event.
Define: Subject to a Condition Subsequent
An estate whose natural duration may be cut short by the happening of a particular event or condition allowing the grantor to retake the property. The event or condition is described as a part of the grantor's future interest rather than as part of the estate it may cut short
What is the difference between an estate determinable and an estate subject to a condition subsequent?
A determinable estate will end automatically upon the happening of the condition, while an estate subject to a condition subsequent will not.
What is the difference between an estate determinable and an estate subject to a condition subsequent?
A determinable estate will end automatically upon the happening of the condition, while an estate subject to a condition subsequent will not.
O to A for life, but if A divorces, then to O. What kind of estate does A have, with what limitations?
Possessory estate in life estate subject to a condition subsequent.
Trigger terms for determinable limitations
until, while, so long as, during
Trigger terms for subject to a condition subsequent limitation
but if, provided that, on condition that, however
Reversion
A future interest retained by the grantor and following an estate that will end naturally. Reversions follow fee tail estates, life estates, and terms of years.
Possibility of Reverter
A future interest retained by the grantor and following a determinable estate.
Right of Entry
A future interest retained by the grantor and following an estate subject to a condition subsequent.
Define: Remainder
A future interest given to a grantee and following an estate that will end naturally. Remainders follow fee tail estates, life estates, and terms of years.
What is the difference between a remainder and a reversion?
The difference is who holds it. A reversion interest is held by the original grantor. A remainder is held by a grantee
Define: Vested Remainder
A remainder that has an ascertained taker and no condition precedent.
Define: Contingent Remainder
A remainder that has one or both of the following characteristics (1) It is given to an unascertained person; and (2) It contains a condition precedent, that is, a condition (other than termination of the prior estate) that must be satisfied before the interest can become possessory.
Define: Condition Precedent
A condition (other than the termination of the prior estate) that must be fulfilled before a future interst-holder's right to eventual possession is assured. If a condition must be fulfilled before the remainder-holder can be assured of the right to possession upon the termination of the prior estate and if the condition is placed within the description of the remainder, the remainder is said to be contingent upon the fulfillment of the condition precedent.
Define: Ascertained
The holder of a future interest is ascertained if that person is born and identified.
If nothing is specified, what is the alternative to a contingent remainder?
A reversion
Define: alternative contingent remainders
A pair of remainders with opposite conditions precedent.
Define: Executory Interest
A future interest created in a grantee and following an estate that might end before its natural duration by the occurrence of a particular event or condition.
Define: Subject to an Executory Limitation
An estate is subject to an executory limitation if it is followed by an interest in a grantee and if it can be interrupted by the occurence of a particular event or condition not described directly as the measurement of the estate's duration. Rather the limiting even or condition is described as part of the following future interst interrupting the prior estate.
Define: Subect to Divestment
A vested remainder is subject to divestment when the divesting condition can occur before the remainder ever becomes possessory.
Define: Subject to Open
An estate is subject to open if it is given to a class of persons and if one or more of those persons is already ascertained as part of the class but others could be added.
"O to A for life, then to B for life, then to C, but if C sells liquor on the property, then to D."
What are the interests?
A: Possessory Estate in Life Estate
B: Vested Remainder in Life Estate
C: Vested Remainder in Fee Simple Subject to an Executory Limitation
D: Executory Interest in Fee Simple Absolute
"O to A for life, then to B for life, then to C, but if B sells liquor on the property, then to D."
What are the intersts?
A: Possessory Estate in Life Estate
B: Vested Remainder in Life Estate
C: Vested Remainder in Life Estate Subject to Divestment
D: Contingent Remainder in Fee Simple Absolute
Define: Disentail
To convert a fee tail estate into a fee simple estate. Also known as "barring an entail."
Define: Merger
A doctrine that combines a lesser vested estate into a larger vested estate when the two estates come into the hands of the same person and are not separated by another vested estate.
Define: Alienable
A property interest that can be conveyed to another person is alienable.
Define: Destructibility of Contingent Remainders (doctrine of)
A doctrine that provides that a contingent remainder is destroyed if it is still contingent when the prior estate ends.
Define: Rule in Shelley's Case
A doctrine that prohibited the conveyance of a future interest to the heirs of the grantee receiving the possessory estate. If the grantor attempted to convey a future interest to that grantee's heirs, the interest was read as in the grantee rather than in the grantee's heirs.
Define: The Doctrine of Wothier Title
A doctrine that creates a presumption that a grantor who conveys a future interst to his or her own heirs actually intended to reserve that interst in himself or herslf. Essentially turns "O's heirs" into "O" in a conveyance.
Define: Inter Vivos Conveyance
A conveyance made during the grantor's lifetime.
What 3 estates are vulnerable to the Rule Against Perpetuities?
Contingent Remainder, Vested Remainder Subject to Open, Executory Interests
Define: Fertile Octogenarian
Any person who is alive is considered capable of having more children (for the property law).
Define: The Rule Against Perpetuities
A future interst is void at the moment it's created it:
1. It is in a grantee (remainder or executory interest)
2. It is either contingent or subject to open
AND
3. It might still exist and still be contingent or subject to open longer than 21 years after the death of the last person alive at the time of the conveyance.
Define: Life in Being
The last person alive at the time of the conveyance.
Define: Validating Life
A person who proves that an interest will either vest and close or fail within the time period permitted by the Rule Against Perpetuities.