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Decedents Problems - Decedents Estates Common Law Result 1...

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Decedents’ Estates Common Law Result 1. W has life estate a. A has VR in fee simple subject to divestment b. B - Shifting executory interest in fee simple 2. T X for life, then to X’s children (a and b), but if X should die without children surviving, then to Y. At T’s death, X has 2 children a. X has life estate b. A and B have contingent remainders c. Y has alternate contingent remainder d. T has reversion in FSA 3. G A for life, remainder to the children of A who reach 21. Subsequently by separate deed, G conveyed “all my right, title, and interest in Blackacre to B.” At the time of both conveyances A had 2 children who were not yet 21. a. A has life interest b. A’s children have contingent remainder c. G has reversion in FSA d. B has springing executory interest (B has reversion) i. Can’t create a reversion in B but if you kept it you can subsequently give it 4. S income to self for life, then to wife for life; then to “pay the principal to my (S’s) heirs”. a. S has income interest -- LE b. Wife has income interest -- vest reminder life estate c. Under worthier title, S has reversion in Fee simple i. KY statute 381.090 ii. KRS 381.090 “If any estate is given by deed or will to any person for his life, and after his death to his heirs, or the heirs of his body, or his issue or descendants, such estate shall be construed to be an estate for life only in such person, and a remainder in fee simple in his heirs, or the heirs of his body, or his issue or descendants.” 1. That statute overrules the doctrine of worthier title 2. At common law you say there is a reversion in S, but under KRS 381, S has only got a life estate with remainder in heirs 5. T A for life, remainder to B, but if B should die without issue to C”. B dies A’s lifetime, leaving issue. At A’s death, who takes? a. A – LE b. B- vested remainder subject to divestment c. C – shifting executory interest in FSA, contingent remainder i. At B’s death, the crap goes to B’s heirs 6. T X for life, remainder to the heirs of Y. Y died before T. A Y’s death, his heirs were W, R, X and Q. If determined at T’s death, Y’s heirs would be W, R, and X. If determined at X’s death, Y’s heirs would be Q and Z. Who is entitled to the remainder?
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