Also known as: executory future interests · executory interest
Written by attorneys · grounded in primary & secondary sources — see below
A future interest in a third-party transferee that divests a prior defeasible fee simple upon the happening of a stated condition.
Eileen Epstein conveyed land to her son using words that created a fee simple conditional. Upon his death without the required issue, the land passed according to the form of the gift. Emily Ellis held the executory future interest that became possessory under the alternative limitation.
Ewan Eckhart received a fee simple conditional from his father. When no issue survived and no other taker existed, the land shifted to Elliot Edmonds under the executory future interest limited as an alternative to the possibility of reverter.
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Emmett Egan held a fee tail estate created by conveyance. Upon his death without issue, the land passed to Ethan Evans under the executory future interest limited as an alternative to the interest of the specified issue.
Eclipse Manufacturing conveyed land creating a fee tail in a grantee. With no surviving issue and no holder of the executory interest, the land passed to Empire Logistics as the designated remainderman under the alternative executory future interest.
Elysium Media held a fee simple conditional subject to an executory future interest. Upon the owner's death, the surviving spouse's dower interest remained subordinate to the executory future interest that had not been destroyed by prior transfer.
An executory future interest is held by a third-party transferee and divests the prior estate upon a condition. A possibility of reverter remains in the grantor when the residue of the fee simple absolute is retained rather than transferred by gift over.
An attempted executory future interest is void when the deed first grants a fee simple using words of inheritance and then limits the estate upon an indefinite failure of issue. The initial fee simple absolute stands and the gift over is disregarded.
No. Interests created before the birth of issue remain subordinate to any validly limited executory future interest. The later birth does not retroactively upgrade the created interests to absolute status.
The first taker receives a fee simple absolute. The law treats the initial words sufficient to create a fee simple as controlling and disregards the subsequent limitation on indefinite failure of issue.