It says that "remainders wait politely" for the previous estate to end. That phrase has helped me remember how the two function and when they become possessory. Executory Interest Post by blurbz » Sat Oct 16, am ha, mine says "patiently" I enjoyed it. A has a life estate. Does B have a valid executory interest as JT? I'm confused because life estates are generally defeasible, but I don't know if is "defeasing" since it has no relation to the conduct of the current possessor and thus labeling it an executory limitation would be odd.
Executory Interest Post by zanda » Wed Dec 15, pm So Gee Pee's post was my impression, while f0bolous's post expresses my hesitation.
Tie breaker? C can cut off B's interest, and it might never vest if B doesn't survive A. Executory Interest Post by keg » Tue Mar 29, am I would say "vested subject to complete divestment" because the interest can be divested prior to becoming possessory.
When it's an executory limitation, the interest is possessory on the grant. Executory Interest Post by dakatz » Tue Mar 29, am keg wrote: I would say "vested subject to complete divestment" because the interest can be divested prior to becoming possessory. Last edited by dakatz on Tue Mar 29, am, edited 1 time in total.
Executory Interest Post by keg » Tue Mar 29, am dakatz wrote: keg wrote: I would say "vested subject to complete divestment" because the interest can be divested prior to becoming possessory. Executory Interest Post by dakatz » Tue Mar 29, am keg wrote: dakatz wrote: keg wrote: I would say "vested subject to complete divestment" because the interest can be divested prior to becoming possessory.
Executory Interest Post by keg » Tue Mar 29, am I was looking at my notes from my professor on the distinction between EL's and VR's subject to divestment. I don't read hornbooks; maybe the hornbook is confusing or off somehow? From what I have the interest has to become possessory immediately in the first clause for what follows it to be an exectory limitation. In the scenario in this post, the interest has yet to become possessory, so it's "subject to complete divestment" since it may NEVER become possessory.
Executory Interest Post by dakatz » Tue Mar 29, am keg wrote: I was looking at my notes from my professor on the distinction between EL's and VR's subject to divestment. Executory Interest Post by keg » Tue Mar 29, am In your first example, B does not yet have a possessory interest on the grant. He has to wait until A dies to have the possibility of taking possession and may never take possession.
In your second example, A does have a possessory interest on the grant. It's dependent on which person the limitation is placed on; the first party that takes possession immediately or a future party. In the two examples, they are different. That is the primary difference between the two. But if you never learned about "vested interests subject to divestment" just go by what your prof is teaching.
Last edited by keg on Tue Mar 29, am, edited 1 time in total. B is ascertained and the estate will become possessory. Again, take the sentence chunk by chunk and pause to evaluate when you hit the punctuation. A has a life estate. This time B having children is a condition precedent to B even taking at all. Now the last part of the sentence: otherwise to C.
C also has a contingent remainder because it is dependent on B satisfying the condition precedent. Give it your best shot, but recognize when it is time to move on. In the grand scheme of the bar exam, the difference between executory interests and contingent remainders on the MBE is a minor issue.
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