6-5.1 – Characteristics of Future Estates
§ 6-5.1 Characteristics of future estates Future estates are descendible, devisable and alienable, in the same manner as estates in possession.
6-5.10 – When Future Estates Are Defeated
§ 6-5.10 When future estates are defeated A future estate cannot be defeated or barred by any disposition or other act of the owner of the precedent estate, nor by the destruction of such precedent estate by disseizen, forfeiture, surrender, merger or otherwise; but a future estate may be defeated in any manner which the […]
6-5.11 – Non-Destructibility of Remainders Subject to a Condition Precedent
§ 6-5.11 Non-destructibility of remainders subject to a condition precedent A remainder is not defeated by the determination of a precedent estate before the occurrence of the condition precedent on which the remainder was limited to take effect. If such condition precedent subsequently occurs, the remainder takes effect in the same manner and to the […]
6-5.12 – Future Rents and Profits Subject to Rules Governing Future Estates
§ 6-5.12 Future rents and profits subject to rules governing future estates A disposition of the rents, profits or other income from property accruing at any time subsequent to the execution of the instrument creating such disposition is subject to the rules governing future estates in property.
6-5.2 – Power of Appointment Not to Prevent Vesting
§ 6-5.2 Power of appointment not to prevent vesting The existence of an unexecuted power of appointment does not prevent the vesting of a future estate, limited in default of the execution of the power.
6-5.3 – Future Estates in the Alternative
§ 6-5.3 Future estates in the alternative 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 is substituted for it and takes effect accordingly.
6-5.4 – Implication of Cross Remainders Between Tenants in Common
§ 6-5.4 Implication of cross remainders between tenants in common When a limitation, if contained in a will, would create a tenancy in common, with implied cross remainders, a like limitation, if contained in a deed, has the same effect.
6-5.5 – Future Estate Valid Though Contingency Improbable
§ 6-5.5 Future estate valid though contingency improbable A future estate, otherwise valid, shall not be void on the ground of the improbability of the contingency on which it is limited to take effect.
6-5.6 – Meaning of Heirs, Distributees and Issue in Certain Remainders
§ 6-5.6 Meaning of heirs, distributees and issue in certain remainders When a remainder is limited to take effect on the death of any person without heirs, heirs of the body, distributees or issue, the word “heirs”, “heirs of the body”, “distributees” or “issue” mean such persons living at the death of the person named […]
6-5.7 – Posthumous Children
§ 6-5.7 Posthumous children (a) Where a future estate is limited to children, distributees, heirs or issue, posthumous children are entitled to take in the same manner as if living at the death of their ancestors. (b) A future estate conditioned upon the death of a person without children, distributees, heirs or issue is defeated […]
6-5.8 – Heirs or Distributees of Life Tenant Take as Purchasers
§ 6-5.8 Heirs or distributees of life tenant take as purchasers When a remainder is limited to the heirs, heirs of the body or distributees of a person to whom a life estate in the same property is given, the persons who, on the termination of the life estate, are the heirs, heirs of the […]
6-5.9 – Heirs or Distributees of Creator Take as Purchasers
§ 6-5.9 Heirs or distributees of creator take as purchasers Where a remainder is limited to the heirs or distributees of the creator of an estate in property, such heirs or distributees take as purchasers.