Property Future Interests

o A has A. life estate
o O has D. reversion

o A has J. Fee Simple Absolute
o O has I. Nothing

o A has K. Fee Simple Determinable
o O has F. Possibility of Reverter


o Until=duration
o Fee simple determinable ALWAYS followed by possibility of reverter

o A has M. Fee Simply subject to condition subsequent
o O has E. Right of Re-entry

o A and her heirs have J. Fee simple absolute
o O has I. Nothing

• FSA subject to a covenant
• Covenant="cannot divest"; different from a defeasible fee

o A has O. Estate pur autre vie
o O has D. Reversion

o A has L. Fee tail
o O has D. Reversion

o Reversions follows Fee Tails

o B has B. Vested Remainder in J. Fee Simple Absolute

o B's 2 children have P. Vested remainder subject to open (because they might get little brothers and sisters)
o O has I. Nothing

o B's children have C. Contingent Remainder
o B's children are unascertained

o O has D. Reversion in J. Fee Simple Absolute
• In the event that B never has children, the estate would go back to O

o B's heirs have C. Contingent Remainder
• because they are unascertained; heirs cannot ascertain who they are until someone dies

o Language is DURATIONAL
• Looks like fee simple determinable but it is not because f.s.d. is followed by a future interest in the grantor, which it does not in this case so it becomes….
o A has N. Fee simple subject to Executory interest
• Future interest that follows a Fee simple subject to executory interest is followed by an EXECUTORY INTEREST (its in the title of the life estate)
• Subject to the language of duration and condition
• In fee simple subject to executory interest, title passes to a third party at the end of an estate, NOT the grantor
o B has a. H Shifting Executory interest in A. life Estate
o O has D. Reversion
o If B were to die, A gets fee simple absolute

o "for so long as"=durational
o A gets N. Fee Simple Subject to executory interest
o B gets H. shifting executory interest
o O has I. Nothing
• The estate will NEVER go back to O

o "but if"=condition
o A has N. Fee simple subject to executory interest
• Fee Simple subject to executory interest is AUTOMATICALLY DIVESTED
• Fee simple determinable is AUTOMATICALLY DIVESTED
• Fee simple subject to condition subsequent is NOT AUTOMATICALLY DIVESTED
o B has H. Shifting Executory interest in A. Life Estate

o "but if"=condition
o A has M. Fee Simple Subject to Condition Subsequent
o O has R. Right of Re-entry
o Look for the language of duration and condition to be CLOSE TO the conveyance ("O to A")

o B's children hold P. Vested Remainder Subject to Open
• Vested because they are ASCERTAINED at the time of conveyance
• When specific persons are named, it is NOT a vested remainder subject to open
 Ex: .."then to Suzy and Billy". When Janie and Bobby are born later, they are S.O.L.

o "but if"=condition
o Goes back to a third party
o A has N. Fee simple subject to executory interest
o B has a H. Shifting Executory Interest

o In other words, assume the children to survive A to get the estate. Then there is a 19 year period to encumber and convey (sell or mortgage the land), if not, the interest divests in the other's.
o The situation creates 2 potential interests in the children of A:
• Interest vests in children immediately upon A's death (measuring life ends) --> VALID with rule of perpetuities; this interest is not impaired by the disposition of the second interest
• Interest must vest, if at all, less than 21 years after A's death. (They must turn 19 less than 21 years after their mother's death).-->VALID under the rule of perpetuties, however it is VOID if the term is 25 years--> it is POSSIBLE that the interest will not vest until after 21 years.
o A is the measuring life

o VALID because Jan 1, 1990 to December 31, 2005 < 21 YEARS
o If the dates were 1980-->2005, then VOID against rule of perpetuities because > 21 years (=25 years).
o Look from the date it is CONVEYED to the LATEST DATE by which the option may be exercised.