Reversion: interest left in owner when he carves out of his

estate a lesser estate & doesn't say who takes property Estate automatically reverts to O on A's death. O's interest -
Life Estate
when lesser estate expires. May or may not become reversion - is transferable, descendible, and devisable. Future Interests
possessory in future. O conveys "To A for life."

Fee Simple Possibility of Reverter: owner carves out of his estate a Estate automatically reverts to O upon occurrence of the
Grantor (O) Determinable
determinable estate of same quantum. O conveys "to A as stated event. O's interest - possibility of reverter -is
transferable, descendible, and devisable.
long as Blackacre is used for X purposes."

Fee Simple Subject Estate does not revert automatically. O (grantor) must
Right of Entry: O retains power to cut short estate. O
exercise his right to re-enter! The right of re-entry is
to Condition conveys Blackacre "to A, but if A ceases to do X, O retains
descendible, divsable, and usually transferable intervivos
right to re-enter."
Subsequent (but some states say not transferable).

Indefeasibly Vested:
certain to become
possessory in the future,
cannot be divested
Vested Subject to Open:
vested in class of persons (such
as A's children), certain to take
possession, at least one of whom
VESTED: a is asecertained, but shares of
remainder given to an
class members not yet fixed
ascertained person
because more people can
and is not subject to
become members of class
any condition
precedent
Vested Subject to
Complete Defeasance:
remainder is asecertained,
interest not subject to
condition precendent, but right to
possession is defeated by
happening of a condition
subsequent (appears after
language introducing
Remainder: remainder-main) or by inherent
(always follows limitation of estate in remainder
life estates)
O conveys " To A for life, then to B and her heirs." B is
certain to take possesion when A dies. If B dies before A,
B's remainder is transferable
B's heirs possess (Side note: if B dies intestate without
during life and at death.
heirs during A's life, B's remainder escheats to state,
which takes property at A's death)
O conveys " To A for life, then to A's children." If A has Either child can transfer or
a child, B, the remainder vested in B is subject to "open sell their interest during life
up" and let in other kids as long as A is alive and can
at death. If A dies, children
have more children. If A has a second child, C, that child own a fee simple as tenants
also has a vested remainder subject to open. (Note: If A in common.
has no kids, remainder contingent because no one is
ascertained).
O does not have a reversion.
O conveys " To A for life, then to B, but if B leaves the B's remainder is transferable
legal profession, then to C." B has a vested remainder while he is lawyer, but if he
subject to divestmen by C. C has executory interest that leaves the legal profession,
can become posssory only by divesting B's estate. If B not transferable.
forfeits estate by leaving law, C becomes beneficiary.
B doesn't have contingent remainder
because he is not unasecertained,
" To A for Life, then to B's heirs." B is alive. no condition precedent.
Takers are not ascertained, remainder is contingent
on B's death - when heirs can be ascertained. If B
dies during A's life, remainder will vest in B's heirs at
B's death

Contingent because O conveys " To A for life, then to A's children." A

Takers are Unascertained:
Person is not yet born or
Transferee can't be determined until
has no children. Remainder contigent on children
being born (takers ascertained). If child is born,
remainder vests in that child subject to open

(Third Party) Contingent happening of an event

O conveys " To A for life, then to B and her B's remainder is transferable
heirs if B survives A." "If B survives A" is a during life, but if B doesn't survive
Contingent because condition precedent. B can only take A, no longer transferable.
Condition Precedent: possession if B survives A. C's remainder is transferable
express condition (other during life and at C's death if A is
Executory than termination of then alive.
O conveys " To A for life, then to B and her heirs if
Interest: preceding estate) must B survives A, and if B does not survive A, to C
to become possessory, occur before remainder is and his heirs." "If B survives A" subjects B's
has to divest an remainder to condition precedent of B surviving A. "If
possessory
interest in another B does not survive A" subjects C's remainder to
transferee or divest a Note: difference between a contingent
opposite CP. Alternative CRs - if remainder in B vests,
transferor in the future remainder in C cannot, and vice versa. (Weedon remainder subject to condition precedent &
(CANNOT FOLLOW case) shifting executory interest is in the comma
LIFE ESTATE) placement!
Shifting Executory
Interest
Divests interest of another transferee. Always follows a defeasible fee & " To A for life, then to B and her heirs if B
cuts short someone other than O. O conveys " To A, but if B returns marries C, but if B does not marry C, to D and
from Rome, to B." A has fee simple subject to executory limitation. B has
his heirs." contingent remainder for both B
Springing shifting executory interest.
and D.
RAP: applies to executory Executory Interest
interests, vested remainder Follows a gap in possession or divests estate of transferor. Takes effect by
" To A for life, then to B and her heirs, but if B
cutting short O. O conveys " To A upon A's marriage to B." O has a fee
subject to open, contingent simple subject to executory interest. A has a springing EI in fee
does not marry C, to D and his heirs." - B has
vested remainder subject to complete
remainders simple - when weds, takes from O. (O retains fee simple and creates EI
in A to "spring out" of O in future, but O does not have a reversion). defeasance and D has shifting executory
interest.