1. introduction: the power of legislature to allocate wealth


General  to A and the heirs of his body by any spouse, however only legitimate heirs count for this purpose. Special



Download 315.88 Kb.
Page26/52
Date21.05.2021
Size315.88 Kb.
1   ...   22   23   24   25   26   27   28   29   ...   52
General  to A and the heirs of his body by any spouse, however only legitimate heirs count for this purpose.

  • Special  to A and heirs of his or her body by a particular husband or wife.

  • Male/Female  can specify whether it applies to male or female heirs.

    • Purpose = to make sure land remained in the family = about making sure that people’s wealth stays in the family and that the spendthrift kids don’t sell the land for cash

      • Problem with fee tails is that it tied up property = could not sell or mortgage property and this screwed up the market = kept land from being used efficiently

      • Abolition of the fee-tail: different statutes have different approaches.

    1. Illinois Statute: a fee tail turns into a life estate in the original grantee with the remainder to the heirs of his body = a person who is granted a fee tail, instead of getting a fee tail gets a life estate, and the land passes in fee simple absolute to the person or persons to whom the estate would have passed upon the death of the original grantee

    Illinois Ann. Statute ch. 30, §5 (1969)

      1. Pennsylvania statute: any attempt to create a fee tail is automatically transformed into a fee simple = Whenever anything is conveyed in fee tail it will actually pass as fee simple

    Pennsylvania Estates Act, 1947 §16

      1. Rhode Island statute: adopts Il, rule if fee tail is created by will and PA rule if created by deed = Land conveyed in fee tail creates a life estate with the remainder in fee simple upon the death of the person to whom the land was granted

    Rhode Island General Laws Ann. § 33-6-10 (1970)

      1. New York Statute: remainder is not destroyed by transformation of fee tail into fee simple absolute, but will become a conditional remainder = Says states entailed have been abolished. Every estate that would have been a fee tail as of a certain date will be a fee simple. But still restricts your ability to sell the land because you basically have a life estate

    New York Est. Powers & Trusts §6-1.2 (1967)
    3. Life Estate

    • X can grant a piece of property for life normally this means for the life of the grantee

    • Can however grant the estate to someone for the life of someone else = estate pur autre vie

      • X can grant estate to son-in-law for the life of x’ daughter

      • Estate terminates when the daughter dies

      • If the son-in-law predeceases the daughter, the heirs inherit it



    Rule in Shelley’s Case
  • 1   ...   22   23   24   25   26   27   28   29   ...   52




    The database is protected by copyright ©essaydocs.org 2020
    send message

        Main page