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Simple English definitions for legal terms

executory interest

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A quick definition of executory interest:

An executory interest is a type of future ownership that someone else will have in a property. This ownership can only happen if certain conditions are met, like a specific event occurring or a certain amount of time passing. There are two types of executory interests: shifting and springing. Shifting means that the ownership will change before the current owner's time is up, while springing means that the new owner will take over in the future. If the conditions for the executory interest aren't met, the property will go back to the original owner.

A more thorough explanation:

An executory interest is a type of future interest in a transferee that can either divest the prior estate or spring out of the grantor to become possessory. These interests are non-vested and are subject to the Rules Against Perpetuities.

There are two types of executory interests:

  • Shifting Executory Interest: This type of interest divests some interests in another transferee prior to its natural expiration, thereby cutting short the prior estate. However, many shifting executory interests violate the Rules Against Perpetuities.
  • Springing Executory Interest: This type of interest divests the transferor in the future and has a gap of time. If there is any time not accounted for, the estate reverts back to the original owner as a reversion.

A fee simple subject to executory interest is a type of defeasible fee in which, on the happening of a stated event, automatically divests in favor of a third party that is not the transferor.

One example of an executory interest is a transfer of property from A to B, but with the condition that if B ever sells the property, it will automatically transfer to C. In this case, C holds a shifting executory interest because it divests B of their interest in the property if they sell it.

Another example is a transfer of property from A to B, but with the condition that B will only gain possession of the property once they turn 21 years old. In this case, B holds a springing executory interest because it will only become possessory in the future and has a gap of time.

These examples illustrate how an executory interest can either divest a prior estate or spring out of the grantor to become possessory in the future.

executory | executory remainder

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texaslawhopefully
22:30
@KnowledgeableRitzyWasp: That all sounds great. It sounds like it has fairly diverse cuisine for a smaller city
yeah there are so many good cuisines in ithaca
renard99
22:31
@lilypadfrog: that’s a pity I’da be liking them all
texaslawhopefully
22:31
Only food I’m going to miss for sure if I leave Texas is texmex
22:31
waspy hasnt had thai food in ithaca yet. ithaca thai is so good
^^^^ truuuuuu
22:32
there are two major thai places and they have very similar names bc a divorced husband and wife own them lol
22:32
personally i think taste of thai is better than taste of thai express but thats just me
i had pho tho and it was really good and huge portions
texaslawhopefully
22:32
Glad they have good Thai food, I love Thai food! Can’t wait to visit :)
22:33
when tex goes to ithaca i want to come
Dkk
22:34
Crying Tiger, best Thai dish.
damn im so hungry all i had today was a curry tonkatsu and buldak
and it was a lil baby noodle cup
vvv hungry
22:36
curry tonkatsu so yummeh
22:36
whats even open rn? pizza?
CTB is it i think
22:37
is collegetown pizza not open
22:37
i used to get a slice from there or wings over at like 1am after my shift at the restaurant
Dkk
22:48
Ross Ulbricht free. God Bless Trump. Huge win.
JeremyFragrance
22:54
agreed
texaslawhopefully
22:55
This is an interesting read: https://thedispatch.com/article/birthright-citizenship-trump-implications/
Dkk
23:01
I mean, idk how it's possible to end birth right citizenship without amending the constitution because to me the 14th amendment is pretty clear about it.
ross ulbricht tried to hire a hitman to kill 5 people
i am not that sympathetic to him
Dkk
23:04
@KnowledgeableRitzyWasp: That might have been an FBI agent. It was most likely him and he was most likely doing it to retrieve stolen funds that corrupt FBI agents stole, but yeah moral gray area but me personally, cool with hitmen. It's not like it is uncommon to hire hitmen. I don't think the action itself is necessarily wrong but the intent behind it can be.
Dkk
23:05
Like, Boeing whistblowers being killed by hitmen = wrong but a guy hiring hitmen to retrieve stolen funds = good to me.
texaslawhopefully
23:05
@Dkk: Yeah, for sure. My guess is it'll go to SCOTUS and it'll be 8-1 or 7-2, saying that EO was unconstitutional.
Dkk
23:06
Indeed. I need a count for how many exectuive orders he has signed and how many already have pending lawsuits.
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