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•estate in land 2. Creation of the Fee Simple –created by the grantor conveying land “to A and his or her heirs”•words of limitations- “and his heirs” •words of purchasers- “to A” •purchasers- referring to persons who are given an interest in land by an instrument. 19
3. Inheritance of the Fee Simple•heirs- thepersons who survive the decedent and are designed as intestate successors under the state’s statute of descent. Includes: (1) Issues (lineal descendants)(2) ancestors – (parents, grandparents)--descendents (3) collaterals – (brothers & sisters)•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 childrenand the number of children who predeceased the decedent and leave issue. means per representation… if 3 surviving, then 1/3 each…and if one die, then they each get 1/2** per capita if 3 surviving children, then divided by the 3 children…but under this theory, if one of the children dies, then it goes to the brothers and sisters and not to the children…American lawC. 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.**Every life estate must have a reversion or a life estatePage 2142) In 1800, the prime of gender property descends to the oldest son…but B is dead, so it would go to the eldest son…In America, it is per stirpes…each child gets 1/2, Wife takes nothing b/c B did not survive…b/c B only had an expectancy…it ends up being at 1/6 each…3)Issues = lineal descendents, but if none, then it could go to the spouse, parents, brothers, sisters etc….so may not necessarily go straight to the state4)Only applies when governmental entity, when no heirs…she dies intestate w/o issues, and heirs is way larger than issues… (heirs includes everybody)…A’s life estate isn’t effective at all, until she dies, then it goes to the state5)This does not fit in any of the 3 categories (fee simple, fee tail, life estate) so could put it into a trust w/ provisions to keep it away from that side of the family…-- we cant create new kinds of estates, but could create trusts……●Abolition of the Fee Tail owners restrict alienation by this, and attempt to limit the beneficiaries to a potential class…20
Common recovery disentail the tail into a fee simple – there are 4 states that have fee simple – DE, Maine, Rhode Island, or MassachusettsEx: