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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?

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.

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.

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.

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?

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.

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?

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.