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The Future Interest

Reversion

How Created
by operation of law

In Whose Favor
always in favor of grantor

Vested or Contingent
always vested

Alienable Inter Vivos


always alienable

Descendible and Devisable


always descendible and devisable

Subject to Defeasance
subject to defeasance following contingent remainder and by springing use not subject to defeasance

Divests Prior Estate


never divests prior estate

Possibility of Reverter

by implication of law

always in favor of grantor

always contingent

not alienable at common law when unconnected w/ a reversion; today it is alienable w/ or w/o a reversion not alienable at common law when unconnected w/ a reversion- likewise today in some states; today it is alienable when connected w/ a reversion always alienable

descendible and devisable w/ or w/o a reversion

never divests prior estate

Power of Termination

by clear, express words in deed or will

always in favor of grantor

always contingent

descendible and devisable w/ or w/o a reversion

not subject to defeasance

always divests prior estate

Vested Remainder

by words of deed or will

always in favor of grantee

always vested

always descendible and devisable

may be subject to defeasance partial or total by shifting use not subject to defeasance

never divests prior estate

Contingent Remainder

by words of deed or will

always in favor of grantee

always contingent

not alienable at common law ; today it is alienable today alienable

descendible and devisable

never divests prior estate

Executory Interest

by words of deed or will

always in favor of grantee

always contingent

descendible and devisable

not subject to defeasance

always divests prior estate

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