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Who owns Blackacre in England in 1800 (early common law)?In 1800 primogeniture existed. Thus, B2 is O’s onlyrecognized heir, taking by representation of his father B.Who owns Blackacre under modernAmerican law?A takes one half as heir to O.B’s three children split the other half as heirs to B.
O conveys Blackacre “to A and her heirs.” If A dies intestate without issue, will Blackacre escheat to the state?Not necessarily. If A has heirs other than issue (ancestors or collaterals), Blackacre will not escheat to the state but will pass to A’s heirs.
Life EstateEstate that has the potential to last for the duration ofone or more lives.Types:Straight (regular) Life Estate Theduration of the estate is measured by the lifeof the grantee.Life Estate pur autre vieThe duration of the estate is measured by the life ofsomeone other than the grantee.A life tenant is free to alienate the property inter vivos, but unlike the fee simple transfer, the interest lasts only for the measuringlife.The life estate is not inheritable.But see life estate pur autre vie
Life Estate pur autre vieO to A for the life of B.O, owner of Blackacre, to A for the life of B. A is a life tenant pur autre vieB is the measuring life. When B dies, A’s estate ends.If A dies before B dies, the life estate pur autre vie descendsto A’s heirs, but still lasts only until B dies.
Life Estate pur autre vie (cont.)Life tenant can transfer his estate to another, but grantee only gets the life estate for the life of the original tenant.O to A for the life. A conveys the land to B. A is the measuring life. B has a life estate pur autre vie. When A dies, B’s estate ends.
Straight (regular) Life EstateO to A for lifeO, owner of Blackacre, to A for life. A has an estate in Blackacre for as long as A lives.When A dies, the land revertsto O.
Examples1.O, owner of Blackacre, to A for life, then to B for life, then to C for life. During his life, A conveys his interest to D. When A dies, D is still alive. Who has an present possessory interest in Blackacre upon A’s death? B.B has a life estate in Blackacre.A conveyed his interest (life estate) to D. That interest lastsonly as long as A is alive. Upon A’s death, D’s estate ends automaticallyand the land goes to B.
White v. Brown, Tennessee, 559 S.W.2d 938 (Tenn.1977) Why did the court reverse the chancellor’s determination that the will passed a life estate?Note: The primary goal is to give effect to the testator’s wishes, and those must be ascertained from the instrument.A devise of real property passes all of the estate of the grantor unless a contrary intent clearly appears.Court: the words “not to be sold” are nothing more thana restraint on alienation of a fee simple and are therefore void.
•If it is fee simple, she can sell the house or dispose of it as she wishes.