future interest chart. remainders held by a third person (not the grantor) created by the same...
TRANSCRIPT
![Page 1: Future Interest Chart. Remainders Held by a third person (not the grantor) Created by the same instrument (deed or will) as the possessory interest Becomes](https://reader035.vdocuments.mx/reader035/viewer/2022062500/5697bf731a28abf838c7ee42/html5/thumbnails/1.jpg)
Future Interest Chart
![Page 2: Future Interest Chart. Remainders Held by a third person (not the grantor) Created by the same instrument (deed or will) as the possessory interest Becomes](https://reader035.vdocuments.mx/reader035/viewer/2022062500/5697bf731a28abf838c7ee42/html5/thumbnails/2.jpg)
Remainders Held by a third person (not the grantor) Created by the same instrument (deed or
will) as the possessory interest Becomes possessory immediately upon
the expiration of the prior estate (no gaps)
Does not divest or shorten a prior estate; the prior estate must end naturally
![Page 3: Future Interest Chart. Remainders Held by a third person (not the grantor) Created by the same instrument (deed or will) as the possessory interest Becomes](https://reader035.vdocuments.mx/reader035/viewer/2022062500/5697bf731a28abf838c7ee42/html5/thumbnails/3.jpg)
Vested Remainder
Owner is born and ascertained
Interest is not subject to condition precedent
![Page 4: Future Interest Chart. Remainders Held by a third person (not the grantor) Created by the same instrument (deed or will) as the possessory interest Becomes](https://reader035.vdocuments.mx/reader035/viewer/2022062500/5697bf731a28abf838c7ee42/html5/thumbnails/4.jpg)
Indefeasibly Vested Remainder
“To A for life, then to B and her heirs.”
![Page 5: Future Interest Chart. Remainders Held by a third person (not the grantor) Created by the same instrument (deed or will) as the possessory interest Becomes](https://reader035.vdocuments.mx/reader035/viewer/2022062500/5697bf731a28abf838c7ee42/html5/thumbnails/5.jpg)
Vested Subject to Partial Divestment (Open)
Remainder limited to a class of which there is at least one living member.
“To A for life, then to B’s children and their heirs” assuming (1) B has at least one child at the time of the conveyance and (2) B is still alive (could have more children).
![Page 6: Future Interest Chart. Remainders Held by a third person (not the grantor) Created by the same instrument (deed or will) as the possessory interest Becomes](https://reader035.vdocuments.mx/reader035/viewer/2022062500/5697bf731a28abf838c7ee42/html5/thumbnails/6.jpg)
Vested Subject to Total Divestment
Vested remainder (either of the other two types) which is subject to a condition subsequent.
“To A for life, then to B and her heirs, but if B predeceases A, then to C and his heirs.”
![Page 7: Future Interest Chart. Remainders Held by a third person (not the grantor) Created by the same instrument (deed or will) as the possessory interest Becomes](https://reader035.vdocuments.mx/reader035/viewer/2022062500/5697bf731a28abf838c7ee42/html5/thumbnails/7.jpg)
Contingent Remainder
Holder is unborn or unascertained.
or A condition precedent must
occur before the holder of the interest actually has the possibility of obtaining possession.
![Page 8: Future Interest Chart. Remainders Held by a third person (not the grantor) Created by the same instrument (deed or will) as the possessory interest Becomes](https://reader035.vdocuments.mx/reader035/viewer/2022062500/5697bf731a28abf838c7ee42/html5/thumbnails/8.jpg)
Contingent Remainder –
unborn scenario
“To A for life, then to B’s children and their heirs” assuming (1) B has no children and (2) B is still alive.
![Page 9: Future Interest Chart. Remainders Held by a third person (not the grantor) Created by the same instrument (deed or will) as the possessory interest Becomes](https://reader035.vdocuments.mx/reader035/viewer/2022062500/5697bf731a28abf838c7ee42/html5/thumbnails/9.jpg)
Contingent Remainder –
unascertained scenario
“To A for life, then to B’s heirs” assuming B is still alive.
![Page 10: Future Interest Chart. Remainders Held by a third person (not the grantor) Created by the same instrument (deed or will) as the possessory interest Becomes](https://reader035.vdocuments.mx/reader035/viewer/2022062500/5697bf731a28abf838c7ee42/html5/thumbnails/10.jpg)
Contingent Remainder – subject to condition precedent scenario
“To A for life, then to B and her heirs if B marries before A’s death” assuming B is still unmarried.
Grantor will retain a reversion because condition might not occur.
![Page 11: Future Interest Chart. Remainders Held by a third person (not the grantor) Created by the same instrument (deed or will) as the possessory interest Becomes](https://reader035.vdocuments.mx/reader035/viewer/2022062500/5697bf731a28abf838c7ee42/html5/thumbnails/11.jpg)
Kost v. Foster Astoria Township -- NE 1/2 of Section 7, East 3/8 of S 1/2
of NW 1/2 of said Section 7, T3N R1E
![Page 12: Future Interest Chart. Remainders Held by a third person (not the grantor) Created by the same instrument (deed or will) as the possessory interest Becomes](https://reader035.vdocuments.mx/reader035/viewer/2022062500/5697bf731a28abf838c7ee42/html5/thumbnails/12.jpg)
Destructibility of Contingent Remainders
What if the contingency could still happen after the prior estate ends?
“To A for life, remainder to B and her heirs if B marries X” – A could die with both B and X surviving but not yet married.
To A for life, then to B and his heirs if B attains age 21” – A could die with while B is still alive but under age 21
![Page 13: Future Interest Chart. Remainders Held by a third person (not the grantor) Created by the same instrument (deed or will) as the possessory interest Becomes](https://reader035.vdocuments.mx/reader035/viewer/2022062500/5697bf731a28abf838c7ee42/html5/thumbnails/13.jpg)
Abo Petroleum Corp.
![Page 14: Future Interest Chart. Remainders Held by a third person (not the grantor) Created by the same instrument (deed or will) as the possessory interest Becomes](https://reader035.vdocuments.mx/reader035/viewer/2022062500/5697bf731a28abf838c7ee42/html5/thumbnails/14.jpg)
Rule in Shelly’s Case
Grantee has a freehold interest in real property,
and
Heirs of grantee have a remainder interest in same property.
![Page 15: Future Interest Chart. Remainders Held by a third person (not the grantor) Created by the same instrument (deed or will) as the possessory interest Becomes](https://reader035.vdocuments.mx/reader035/viewer/2022062500/5697bf731a28abf838c7ee42/html5/thumbnails/15.jpg)
Rule in Shelly’s Case
“To A for life, then to A’s heirs.”
![Page 16: Future Interest Chart. Remainders Held by a third person (not the grantor) Created by the same instrument (deed or will) as the possessory interest Becomes](https://reader035.vdocuments.mx/reader035/viewer/2022062500/5697bf731a28abf838c7ee42/html5/thumbnails/16.jpg)
Rule in Shelly’s Case
“To A for life and then to A’s heirs if A graduates from the Texas Tech University School of Law.”
![Page 17: Future Interest Chart. Remainders Held by a third person (not the grantor) Created by the same instrument (deed or will) as the possessory interest Becomes](https://reader035.vdocuments.mx/reader035/viewer/2022062500/5697bf731a28abf838c7ee42/html5/thumbnails/17.jpg)
Rule in Shelly’s Case
“To A for life and then to A’s children and their heirs.”
![Page 18: Future Interest Chart. Remainders Held by a third person (not the grantor) Created by the same instrument (deed or will) as the possessory interest Becomes](https://reader035.vdocuments.mx/reader035/viewer/2022062500/5697bf731a28abf838c7ee42/html5/thumbnails/18.jpg)
Sybert v. Sybert
![Page 19: Future Interest Chart. Remainders Held by a third person (not the grantor) Created by the same instrument (deed or will) as the possessory interest Becomes](https://reader035.vdocuments.mx/reader035/viewer/2022062500/5697bf731a28abf838c7ee42/html5/thumbnails/19.jpg)
Doctrine of Worthier Title
Future interest transferred inter vivos to heirs of the grantor
![Page 20: Future Interest Chart. Remainders Held by a third person (not the grantor) Created by the same instrument (deed or will) as the possessory interest Becomes](https://reader035.vdocuments.mx/reader035/viewer/2022062500/5697bf731a28abf838c7ee42/html5/thumbnails/20.jpg)
Doctrine of Worthier Title
“To A for life and then to my heirs.”
![Page 21: Future Interest Chart. Remainders Held by a third person (not the grantor) Created by the same instrument (deed or will) as the possessory interest Becomes](https://reader035.vdocuments.mx/reader035/viewer/2022062500/5697bf731a28abf838c7ee42/html5/thumbnails/21.jpg)
Doctrine of Worthier Title
“To A and his heirs until A gets married, then to my heirs.”
![Page 22: Future Interest Chart. Remainders Held by a third person (not the grantor) Created by the same instrument (deed or will) as the possessory interest Becomes](https://reader035.vdocuments.mx/reader035/viewer/2022062500/5697bf731a28abf838c7ee42/html5/thumbnails/22.jpg)
Braswell v. Braswell