table of shelleys rule distinguished, nov 2006

table of shelleys rule distinguished, nov 2006 - remainder...

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Identifying Matters between the Rules that destroy future interests The Disentail of the Fee Tail Destruction of Contingent Remainders Shelley’s Case Worthier Title Applies to both contingent remainders and executory interests N/A No, just contingent remainders No, traditionally just contingent remainders applies to both contingent remainders and executory interests Applies in Florida Abolished by Fl. St. 689.14 Arguably yes no, abolished in 1948 by Fl. St. 689.17 Arguably yes Who has the future interest lineal descendants any remaindermen
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Unformatted text preview: remainder to Grantee Reversion to Grantor or grantor’s heirs Language Has to say “and the heirs of her body.” N/A has to say “and her heirs”, and not her children or issue has to say “and her heirs”, and not her children or issue If Merger applies Yes, gives life estate, remainder to lineal descendants that are alive at life estate conclusion Yes, gives preceding life estate a fee simple under statute, the rule gives a life estate, remainder to lineal decedents per stripes, subject to open...
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This note was uploaded on 04/30/2008 for the course PROPERTY 101 taught by Professor Lew during the Fall '08 term at Florida Coastal School of Law.

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