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Property II OUTLINE-1 Jodi Lucena-Pichardo

Property II OUTLINE-1 Jodi Lucena-Pichardo - BLUE = NY...

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B LUE = NY LAW (there may be some cases from the supp I forgot to highlight blue) P ROPERTY II: Consensual transactions: a lot of doctrine for certainty But Don’t wan’t rules to be too formal to frustrate intent ( Garrish ) P OSESSORY E STATES 1) History/Feudalism: land as a vehicle of political and social system conveyance not simply an economic transaction a) King enfeoffed to lord in exchange for services (military, economic, and religious tenures) and incidents; lord then enfeoffed (subinfeudation); services flowed upward b) Incidents that : i) Forfeiture of land if treason land forfeits to the king, not the lord ii) Liabilities at death of tenant: When someone in the chain died important revenue flowed upward (1) Relief: like estate tax; made payment in the form of continuing rent or services (a) in order to avoid incidents tenants would subinfuedate with minor services (bring one red rose in midsummer); when tenant died only incident would be single red rose; seriously devalued incidents; could not diminish services owed upward, but could convey to diminish incidents (b) 1290 No more subinfeudation Statute Quia Emptores grantee becomes substituted automatically in grantor’s feoffor place without lord’s consent paves the way for fee simple absolute (2) Escheat: if tenant died without heirs land returns to lord (as opposed to forfeiture by the king) c) Heritability, alienability, and power of testation (writing a will) came in slowly 1) I NTRO : a) Estates generally: “estate” comes from “status” of tenant i) each estate is defined by the length of time it may endure 2) F EE S IMPLE A BSOLUTE : a) Generally: i) Fee: may endure forever; largest estate possible in terms of duration; simple: not “tail”; absolute: not defeasible ii) Fee owner can carve up whole “pie” to create estates of lesser duration iii) Never accompanied by a future interest unless defeasible b) Heritability : traditionally only life estates possible; then matter of right conveyance “to A and his heirs” (consider “heirs” somebody dies intestate, originally no written wills) i) Words of Purchase v. words of limitation: (1) Purchase: denotes takers got from a written instrument conveys to heirs nothing “to A” (2) Limitation: limit or define the estate fee simple absolute “and his heirs” (a) Does NOT convey ANY interest to “heirs” because A does not have heirs until dies intestate ii) Originally strict construction: if magic words (“to A and his heirs”) not used life estate iii) Modern view: presumption that grantor intended to convey the largest estate possible, i.e. whatever estate she had regardless of any “magic words” used or not used (fee simple need NOT be clearly expressed) (1) Policy: if someone takes the trouble to write a will there is a presumption that they intend to dispose of entire estate 1
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(2) ambiguous cases rules of construction to ascertain testator’s intent (primary goal) White v. Brown;
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