dakatz wrote:random5483 wrote:pleasetryagain wrote:Lucy conveys blackacre "to Dudette for life, but if Dudette fails to use the property as a boutique, then Dude and his heirs may enter and take the property."
What interests do the following have?
Dudette: Life Estate subject to an executory limitation
Dude: Executory Interest.
Dude's heirs: Executory Interest.
Lucy/Lucy's heirs: Reversion.
Lucy and her heirs hold the future interest of reversion. Dude and his heirs only get the property if Dudette fails to use the property as a boutique. If Dudette uses the property as a boutique till her death, then Dude may never take the property. Thus, the reversion future interest by default is in Lucy. Also, the rule against perpetuities is not applicable for reversion.
I disagree with those who say Lucy has no interest. There is no conveyance to Dude UNLESS Dudette fails to meet the requirements of her life estate. By default when nothing is stated the reversion is to the conveyor/conveyor's heirs.
Dude's heirs DO NOT have anything. "and his heirs" are words of limitation, not words of purchase. It merely indicates that a fee simple is being granted. Heirs don't even exist as a legal concept until one is dead. If your father has a future interest in a piece of land, you CANNOT bring an action for waste since you are not an heir yet. Trust me on this one.
Someone made an error at some point that they really learned from