•Statutes of descends (classes of kindred) (1) First issue- lineal descendants: children & grandchildren (and if no issue) (2) Parents (and if none) (3) Collateral •issue - a.k.a. lineal descendants •ancestors- By statute parents usually take as heirs if the decedent leaves no issue. • collaterals- all persons related by blood to the decedent who are neither descendants nor ancestors are collateral kin. **strict per stirpes- the number of surviving children and the number of children who predeceased the decedent and leave issue. C. The Fee Tail- an estate that is inheritable only by specified decedents of the original grantee, and that endure until its current holder dies without issue. **By bringing a collusive lawsuit known as a common recovery, the fee tenant in possession could obtain a court decree awarding him a fee simple, cutting off all rights of his issue and extinguishing any reversion or remainder.** ● Abolition of the Fee Tail (1) limitation “to A and the heirs of his body” = fee simple in A and that any gift over A’s death without issue is void (2) limitation “to A and the heirs of his body” = fee simple in A, but they further provide that a gift over to B if A dies without issue will be given effect in one circumstance. B will take the fee simple if, and only if, at A’s death, A leaves no surviving issue D. The Life Estate- estate held only for the duration of a specified person’s life 12
White v. Brown - it is generally presumed that a conveyor intends to transfer his whole interest in the property, it may be reasonable to adopt the same construction, even in the absence of words of inheritance, if there is no language that can be construed to create a remainder. remainder - future interest arising in a third person – that is, someone other than the creator of the estate or the creator’s heirs – who is intended to take after the natural termination of the proceeding estate Baker v. Weedon - Chancery courts have jurisdiction to order the sale of land for the prevention of waste. Ct decided to sell off enough to reasonably benefit the D, who was the decedent’s widow. Contingent remainder - a remainder that is either given to an unascertained person or made subject to a condition precedent. E. Leasehold Estates F. Defeasible Estates- set up to expire or be divested if some stated event occurs. 1. Fee simple absolute- it cannot be divested nor will it end if any event happens in the future. 2. Fee simple defeasible - one that may last forever or may come to an end upon the happening of an event in the future. There are 2 types of defeasible fees: FEE SIMPLE DETERMINABLE (always accompanied by a possibility of reverter) • automatically reverts •to the grantor •upon the occurrence of the stated event • meets its “early” end by expiration • must include words of duration (so long as, only, while, until, during) FEE SIMPLE SUBJECT TO A CONDITION SUBSEQUENT (always accompanied by a right of re-entry) • an election • to the grantor • to take back the land if a stated event occurs
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- Fall '08
- Fee simple, Real property law, Future interest