What estate am I?
Words of creation: "to X and his heirs"
Words of limitation: "and his/her heirs", "and its successors and assigns"
Fee Simple Absolute
This future interest is 1) conveyed to an ascertainable person and 2)not subject to a condition precedent.
Vested Remainder
"To X for the life of Y."
X has a:
"To X and his heirs so long as X continues to practice law; otherwise to Y and his heirs."
X has:
Y has:
Fee Simple Subject to Executory Limitation; shifting executory interest
Words of creation: "to X for life"
Words of limitation: "for life", "until he/she dies".
Life Estate
This future interest 1) divests the preceding estate upon the occurrence or non-occurrence of a stated condition and 2) is capable of becoming possessory immediately upon the expiration of the preceding estate.
Executory Interest
"To X so it may be used as a museum."
X has a:
Fee Simple Absolute
X: "To Y when she gets married."
Y has:
X has:
Springing executory interest in fee simple; Fee simple subject to executory limitation
Words of creation: "To X and his heirs as long as it is used for..."
Words of limitation: "as long as", "while", "until", "during".
Fee Simple Determinable
This future interest is 1) conveyed to an unascertainable person, or 2) is subject to a condition precedent.
Contingent Remainder
"to X for life, then to Y and his heirs."
X has:
Y has:
Life estate; vested remainder in fee simple
"to X for ten years, then to Y and his heirs."
X has:
Y has:
Term of years (10); vested remainder in fee simple
Words of creation: "to X and his heirs provided that, if the property is not used for... Y shall have the right to re-enter and reclaim"
Words of Limitation: "provided that", "but if", "on condition that".
Fee Simple Subject to Condition Subsequent
This executory interest immediately follows an interest in the transferor.
Springing Executory Interest
X: "To the City of Greensboro as long as it is used as a public space."
The City of Greensboro has:
X has:
Fee simple determinable; possibility of reverter
W: "To X for life, then to Z and his heirs until Greensboro becomes a State."
Z has:
W has:
Vested remainder in Fee Simple Determinable; possibility of reverter.
Words of creation: "to X and his heirs as long as it is used for... then to Z"
Words of limitation: "so long as", "provided that", "but if", "on the condition that".
Fee Simple Subject to Executory Limitation
This executory interest immediately follows an interest in a transferee.
Shifting Executory Interest
"To Y and the heirs of his body."
Y has a:
Fee Tail
O: "To X for life, then to Y if he gets into medical school by the time of X's death, if X does not get into medical school by the time of X's death, then to Z and her heirs."
X has:
Y has:
O has: