Common Law Result
W has life estate
A has VR in fee simple subject to divestment
B - Shifting executory interest in fee simple
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
X has life estate
A and B have contingent remainders
Y has alternate contingent remainder
T has reversion in FSA
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 has life interest
A’s children have contingent remainder
G has reversion in FSA
B has springing executory interest (B has reversion)
Can’t create a reversion in B but if you kept it you can subsequently give it
income to self for life, then to wife for life; then to “pay the principal to my (S’s) heirs”.
S has income interest -- LE
Wife has income interest -- vest reminder life estate
Under worthier title, S has reversion in Fee simple
KY statute 381.090
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.”
That statute overrules the doctrine of worthier title
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
A for life, remainder to B, but if B should die without issue to C”.
B dies A’s lifetime, leaving
At A’s death, who takes?
A – LE
B- vested remainder subject to divestment
C – shifting executory interest in FSA, contingent remainder
At B’s death, the crap goes to B’s heirs
X for life, remainder to the heirs of Y.
Y died before T.
A Y’s death, his heirs were W, R, X and
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?