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Estates in Land and Future Interest
N/A
31
Law
Graduate
09/26/2009

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Term
Decedent
Definition
A dead person
Term
Testate
Definition
when a decedent has a will
Term
Intestate
Definition
when a decedent doesn't have will
Term
Devise
Definition
pass real property by will
Term
Devisees
Definition
people who inherit real property from decedents who dies testate
Term
Bequeath
Definition
to pass personal property by will
Term
bequest
Definition
personal property passed by a will
Term
issue
Definition
a person's lineal decedents "down the line (children, grandchildren, great grandchildren, etc)
Term
ancestors
Definition
relatives "up the line" (parents, grand parents, great grandparents)
Term
collaterals
Definition
all blood relatives other than issue and ancestors (siblings, cousins, aunts/uncles, nieces/nephews)
Term
escheat
Definition
if a decedent has no heirs or devisees, the interest in land passes (escheats) to the state.
Term
heirs
Definition
people who inherit real property from decedents who die intestate. People are heir apparents until death.
Term
convey
Definition
when a person transfers land to someone else, whether by sale or gift.
Term
When does a will create interest in property?
Definition
when the testate dies
Term
possessory estate
Definition
holding the current right to possess land
Term
future interest
Definition
holding a future right to possess land.
Term
What are the 2 kinds of information on possessory estates?
Definition
Nature and added limitation.
Term
Nature of possessory estate
Definition
the duration of the estate
Term
What are the 4 kinds of possessory estates?
Definition
the fee simple, the fee tail, the life estate, and the term of years.
Term
fee simple
Definition
an interest that can continue forever. Words of Limitation: "and his/her heirs"
Term
words of purchase
Definition
part of a conveyance that identifies the grantee, such as "to A".
Term
words of limitation
Definition
the part of a conveyance that identifies the nature of the estate conveyed.
Term
fee tail
Definition
an interest that passes automatically to holder's issue upon holder's death and that ends when the last lineal descendant dies. Words of limitation: "heirs of his/her body"
Term
life estate
Definition
an interest that will end upon the death of the person whose life is designated as the measure of life. Words of limitation: "for life"
Term
term of years
Definition
a lease for a designated period of time. words of limitation: "for x years"
Term
pur autre vie
Definition
for the life of another.
Term
fee simple absolute
Definition
has no limitations
Term
determinable
Definition
if the grantor has describes an estate's duration by the occurrence of a condition or event.
Term
subject to a condition subsequent
Definition
an estate whose natural duration may be cut short by the happening of an event or condition allowing the grantor to retake the property.
Term
determinable terms
Definition
until, while, so long as, during
Term
subject to conditional subsequent terms
Definition
but if, provided that, on condition that, however
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