Moynihan's Future Interest Practice

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5 Terms

1
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"Vested Remainder"

The remainder has certain definite characterizes, namely, that the remainderman is a presently identifiable person and that the remainder is not subject to a condition precedent

2
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What are other terms for a right of entry?

A "power of termination" or a "possibility of reverter"

3
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Vested Remainder

A remainder limited to a person in existence and ascertained who is given the right to immediate possession whenever and however the preceding estate or estates come to an end

4
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A conveys to B for life, then to C for life if C survives B, is C's remainder vested or contingent? (see P 118)

The remainder would seem to be vested on the ground that the condition of C's survivorship adds no additional element of uncertainty; since C has only a life interest he could not take in any event unless he survived B.

5
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What is the difference between a springing and shifting use? (P. 178)

A shifting use is one which cuts short a prior use estate in a person other than the conveyor

A springing use is one which cuts short a use estate in the conveyor