Person seised of land was responsible for feudal services and feudal incidents

Person seised of land was responsible for feudal

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Person seised of land was responsible for feudal services and feudal incidents were due on death of person holding seisin 3. Someone always has to have seisin iv. Estates in personal property 1. “Absolute ownership” = fee simple 2. Generally the same types of possessory estates and future interests can be created in personal property as can be created in real property II.FEE SIMPLE c. Generally i. Potentially infinite duration ii. No limitations on its inheritability iii. Cannot be divested, nor will it end on the happening of any event d. Words of purchase = identify the person in whom the estate is created i. Signifies that person takes by deed or will and not intestate succession 1. “To A” e. Words of limitation = describe the type of estate created i. “. . . and her heirs” 1. Gives A’s heirs no interest in the property a. A may sell or give it away, or devise it by will b. A’s heirs only have a hope of inheriting it f. Creating a fee simple i. At CL – must have “and her heirs” to create a FS ii. Modern – not required to use words “and her heirs” 1. Presumed to pass the largest estate grantor or testator owned g. Transferability i. Generally 1. Statute of Quia Emptores (1290) a. Gave freehold tenants right to transfer their land without the lord’s consent 2. Statute of Wills (1540)
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a. Gave fee simple owners right to devise their land 3. If the FS owner dies without a will, FS is inherited by the owner’s heirs ii. Heirs dfn: those persons who succeed to the real property of an intestate decedent under a state’s statute of intestate succession 1. Not a synonym for children 2. Spouse was not an heir at common law; entitled only to dower and curtesy a. Abolished in all states 3. Next of kin – those persons who succeed to the personal property of an intestate succession a. At English law, successors to real and personal property not necessarily the same i. Land passed under the rule of primogeniture – eldest son ii. Personal property was divided equally among all children b. Primogeniture was abolished in U.S. after American Revolution c. Today in almost all states the same persons succeed to decedent’s real and personal property 4. Issue dfn: children, grandchildren, great-grandchildren, and all further descendants a. Synonymous for descendants b. Representation – if a child predeceases the decedent, leaving issue, the issue represent the child and take the child’s portion c. Adopted children are treated as child of the adoptive parents i. In some states also treated as child of natr’l parents d. Nonmarital children (out of wedlock) inherits as a child of her mother and if paternity is established, as a child of her father e. Stepchildren do not take 5. Parents a. If decedent leaves issue, parents do not take b. If decedent leaves a spouse and no issue, parents take ½ and spouse ½ c. If decedent leaves no spouse and no issue, parents take all 6. Collateral relatives – all except ancestors and descendants (siblings, nephews, nieces, uncles, aunts, and cousins) a. If decedent leaves no spouse, issue, or parent, collateral relatives take
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iii. Escheate
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  • Fall '08
  • lew
  • Adverse possession, owner, adverse possessor

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