Simple English definitions for legal terms
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Descendibility of Future Interests: This means that when someone has a future interest in a property (like getting ownership after someone else dies), they can pass it down to their family members when they die. It's like passing down a toy or a book to a younger sibling. It's allowed by law and means that the property can stay in the family for generations.
Definition: The legal ability for a future interest, such as a remainder or an executory interest, to be passed down through inheritance.
Example: John owns a piece of land and grants a life estate to his sister, Mary. After Mary's death, the land will pass to John's son, Tom. Tom's interest in the land is a future interest, specifically a remainder. If Tom dies before Mary, his interest in the land can be inherited by his children or other heirs. This is an example of the descendibility of future interests.
Explanation: The example illustrates how a future interest, in this case a remainder, can be passed down through inheritance. Even if Tom dies before Mary, his interest in the land can still be inherited by his heirs. This legal possibility is known as the descendibility of future interests.