33-221. Estates in expectancy; alienability A. A freehold estate or a chattel real may be created to commence at a future time, subject to the provisions of this chapter. B. Estates in expectancy are descendable, devisable and alienable as estates in possession. C. An estate of freehold or inheritance may be made to commence in […]
33-222. Alternative future estates Two or more future estates may be created to take effect in the alternative, so that if the first in order fails to vest, the next in succession shall be substituted for it and take effect.
33-223. Time of creation of estates in expectancy The time of creation of an estate in expectancy is the time of: 1. Delivery of the grant if the estate in expectancy is created by grant. 2. Death of the testator if the estate in expectancy is created by devise.
33-224. Effect of conveyance purporting to create fee tail; effect of conveyance by tenant in tail A. A devise, gift, grant or other conveyance which creates or transfers an estate which, at common law, would be an estate in fee tail, shall be deemed and have the effect of a conveyance in fee simple. B. […]
33-225. Indefeasibility of expectant estates; exception An estate in expectancy may not be defeated or barred by alienation or other act of the owner of the intermediate or precedent estate, nor by destruction of the precedent estate by disseizin, forfeiture, surrender, merger or otherwise, except in the manner provided or authorized in the creation of […]
33-226. Defeasibility of expectant estate by terms of grant or devise A. An estate in expectancy may be defeated in any manner provided or authorized by the grant or devise by which the expectant estate was created. B. An estate in expectancy thus defeasible is not, on that ground, void in its creation.
33-227. Contingent remainder as conditional limitation A. A remainder may be limited on a contingency which, if it should happen, will operate to abridge or determine the precedent estate. Such a remainder shall be construed a conditional limitation and shall have effect as such. B. No future estate, otherwise valid, shall be void on the […]
33-228. Indestructibility of contingent remainders A. A remainder valid in its creation is not defeated by determination of the precedent estate before the contingency occurs upon which the remainder is limited to take effect. If the contingency occurs after determination of the precedent estate, the remainder shall take effect as if the precedent estate had […]
33-231. Rule in Shelley’s case abolished When a remainder is limited to the heirs or heirs of the body of a person to whom a life estate in the same premises is given, the persons who, on the termination of the life estate, are the heirs or heirs of the body of the life tenant […]
33-233. Life estate in term of years An estate for life may be created in an estate for a term of years and a remainder may be limited thereon.
33-234. Time when remainder on life estate or term of years takes effect When a remainder on an estate for life or on an estate for years is not limited upon a contingency defeating or avoiding the precedent estate, it shall take effect only on the death of the first taker or the expiration of […]
33-236. " Heir" and " issue" as words of limitation When a remainder is limited to take effect upon the death of a person without heirs or heirs of his body, or without issue, the words " heirs" or " issue" shall mean heirs or issue living at the death of the person named as […]
33-237. Effect of posthumous children upon limitations A. When a future estate is limited to heirs, issue or children, posthumous children shall take as if born before the death of the parent. B. A future estate contingent upon the death of a person without heirs, issue or children is defeated by birth of a posthumous […]
33-239. Use of accumulations for support and education of children When rents and profits are directed to be accumulated for the benefit of an infant entitled to the estate in expectancy, and the infant is without other sufficient means of support and education, the superior court, upon application of the guardian of the infant, may […]
33-240. Ownership of rents and profits arising during suspension of power of alienation When in consequence of a valid limitation of an estate in expectancy there is a suspension of the power of alienation, or ownership, during the continuance of which the rents and profits are undisposed of and no valid direction for their accumulation […]
