Vested remainder subject to divestment v. executory limit

(Study Tips, Dealing With Stress, Maintaining a Social Life, Financial Aid, Internships, Bar Exam, Careers in Law . . . )
RR320
Posts: 65
Joined: Wed Nov 09, 2011 6:07 pm

Vested remainder subject to divestment v. executory limit

Postby RR320 » Wed May 02, 2012 11:32 pm

I am getting confused between FS subject to an executory limitation and vested remainder subject to divestment. can anyone please explain and give an example?

TFR
Posts: 226
Joined: Tue Feb 07, 2012 6:56 pm

Re: Vested remainder subject to divestment v. executory limit

Postby TFR » Wed May 02, 2012 11:36 pm

RR320 wrote:I am getting confused between FS subject to an executory limitation and vested remainder subject to divestment. can anyone please explain and give an example?


If I remember correctly

FS subj. to EL is A gives it to B now in FS but that FS is subject to a executory limitation which can make it go to C

VR subj. to Div. is A gives life estate to B, remainer to C, but that remainder can get cut off (divested) by D

I thnk the difference is one is fee simple and one is remainder in the original grant.

User avatar
Mike12188
Posts: 792
Joined: Thu Apr 09, 2009 3:07 am

Re: Vested remainder subject to divestment v. executory limit

Postby Mike12188 » Wed May 02, 2012 11:50 pm

RR320 wrote:I am getting confused between FS subject to an executory limitation and vested remainder subject to divestment. can anyone please explain and give an example?


Its a sub-category. A vested remainder in FS subject to an executory limitation is a sub-category of FS subject to complete divestment.

Another way for a vested remainder to be subject to complete divestment would be inherent limitation.
ex. To A for life, then to B for life, then to C and his heirs. B has a vested remainder for life subject to total divestment if B fails to survive A.

This is right out of Gilberts.

sknight323
Posts: 82
Joined: Tue Sep 28, 2010 3:39 am

Re: Vested remainder subject to divestment v. executory limit

Postby sknight323 » Thu May 03, 2012 1:14 am

A vested remainder subject to divestment can occur when the remainder has not become possessory. An executory limit is better stated when the remainder is possessory.

User avatar
Detrox
Posts: 411
Joined: Fri Aug 19, 2011 3:58 pm

Re: Vested remainder subject to divestment v. executory limit

Postby Detrox » Thu May 03, 2012 1:23 am

Mike12188 wrote:
RR320 wrote:I am getting confused between FS subject to an executory limitation and vested remainder subject to divestment. can anyone please explain and give an example?


Its a sub-category. A vested remainder in FS subject to an executory limitation is a sub-category of FS subject to complete divestment.

Another way for a vested remainder to be subject to complete divestment would be inherent limitation.
ex. To A for life, then to B for life, then to C and his heirs. B has a vested remainder for life subject to total divestment if B fails to survive A.

This is right out of Gilberts.


If B predeceases A, does it go to C or revert to grantor to A?

User avatar
Mike12188
Posts: 792
Joined: Thu Apr 09, 2009 3:07 am

Re: Vested remainder subject to divestment v. executory limit

Postby Mike12188 » Thu May 03, 2012 1:36 am

Detrox wrote:
Mike12188 wrote:
RR320 wrote:I am getting confused between FS subject to an executory limitation and vested remainder subject to divestment. can anyone please explain and give an example?


Its a sub-category. A vested remainder in FS subject to an executory limitation is a sub-category of FS subject to complete divestment.

Another way for a vested remainder to be subject to complete divestment would be inherent limitation.
ex. To A for life, then to B for life, then to C and his heirs. B has a vested remainder for life subject to total divestment if B fails to survive A.

This is right out of Gilberts.


If B predeceases A, does it go to C or revert to grantor to A?


If B predeceases A, then C has an indefeasibly vested remainder in fee simple.

Note: I have the Dukeminier book and just skimmed it really quick for this inherent limitation and couldn't find it. Also, I've never heard my prof. talk about it, every time he says subject to divestment its because of an exec. limitation.

jd-mba
Posts: 105
Joined: Sun Jun 08, 2008 11:57 pm

Re: Vested remainder subject to divestment v. executory limit

Postby jd-mba » Thu May 03, 2012 7:22 pm

RR320 wrote:I am getting confused between FS subject to an executory limitation and vested remainder subject to divestment. can anyone please explain and give an example?


like what previous poster said, divestment is the bigger category, you have to ask who's doing the divesting? is it by a third party or by the original grantor? if third party, then executory limitation. if original grantor automatically, then determinable. if original grantor can elect, then condition subsequent.

note: after vested remainder, you probably also need to indicate vested remainder in what? term of years, FS, or life estate?

User avatar
AVBucks4239
Posts: 870
Joined: Wed Feb 10, 2010 11:37 pm

Re: Vested remainder subject to divestment v. executory limit

Postby AVBucks4239 » Sun May 06, 2012 8:29 pm

If anybody has a flow chart for this, I will pay you a million dollars. Not really. But please help me out, I have five other pretty good 1L outlines (that have notes integrated from various supplements) that I'd be happy to exchange.




Return to “Forum for Law School Students”

Who is online

Users browsing this forum: wittywitless and 9 guests