Fee Simple Subject To An Executory Limitation
A fee simple subject to an executory limitation is an estate that ends when a specific condition is met and then transfers to a third party. The interest will not revert to the grantor. If the condition is met, the grantee loses the interest and the third party gains it automatically.
Example:
O grants Blackacre to A and A's heir; but if A ever accepts a candy bar from C, then to B and B's heirs.
Here, O is the original owner. She grants A a fee simple subject to the subsequent condition that he doesn't accept a candy bar from C. But unlike a fee simple subject to a condition subsequent, Blackacre goes to a third party (B) instead of the grantor (O) if the condition is met. Also unlike a fee simple subject to a condition subsequent, B then automatically gains the interest in Blackacre and does not only have a mere right to sue for re-entry.
What would happen if the property were conveyed? Let's say A sold Blackacre to D. If A afterwards accepted an offer for a candy bar from C, Blackacre automatically goes to B. But if A died without ever accepting a candy bar from C, the condition could not possibly be met. D would then have a fee simple absolute.
Read more about this topic: Defeasible Estate
Famous quotes containing the words fee, simple, subject and/or limitation:
“As a general rule never take your whole fee in advance, nor any more than a small retainer. When fully paid beforehand, you are more than a common mortal if you can feel the same interest in the case, as if something was still in prospect for you, as well as for your client.”
—Abraham Lincoln (1809–1865)
“Each man’s private conscience ought to be a nice little self-registering thermometer: he ought to carry his moral code incorruptibly and explicitly within himself, and not care what the world thinks. The mass of human beings, however, are not made that way; and many people have been saved from crime or sin by the simple dislike of doing things they would not like to confess ...”
—Katharine Fullerton Gerould (1879–1944)
“I have always hated biography, and more especially, autobiography. If biography, the writer invariably finds it necessary to plaster the subject with praises, flattery and adulation and to invest him with all the Christian graces. If autobiography, the same plan is followed, but the writer apologizes for it.”
—Carolyn Wells (1862–1942)
“The French are certainly misunderstood:Mbut whether the fault is theirs, in not sufficiently explaining themselves; or speaking with that exact limitation and precision which one would expect ... or whether the fault may not be altogether on our side ... I shall not decide.”
—Laurence Sterne (1713–1768)