In a grant described as To A for life, but if A drinks, then B, what interest does B hold?

Prepare for the Themis MBE Real Property Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your test!

Multiple Choice

In a grant described as To A for life, but if A drinks, then B, what interest does B hold?

Explanation:
This tests how a grant can create a future interest that cuts short a life estate before its natural end. Here, A has a life estate, but the condition “if A drinks” triggers a transfer to a third party, B, during A’s lifetime. The future interest that B holds is a shifting executory interest because it divests the current holder (A) and moves the estate to B upon the condition. It's not a remainder because B does not wait for A’s death to take possession; the taking occurs upon the triggering event during A’s life. It’s not a fee simple because the ownership isn’t unconditional—it’s subject to the possible transfer to B if A drinks. It’s not a vested interest because the transfer depends on a condition that may or may not happen. So the correct concept is a shifting executory interest held by B.

This tests how a grant can create a future interest that cuts short a life estate before its natural end. Here, A has a life estate, but the condition “if A drinks” triggers a transfer to a third party, B, during A’s lifetime. The future interest that B holds is a shifting executory interest because it divests the current holder (A) and moves the estate to B upon the condition.

It's not a remainder because B does not wait for A’s death to take possession; the taking occurs upon the triggering event during A’s life. It’s not a fee simple because the ownership isn’t unconditional—it’s subject to the possible transfer to B if A drinks. It’s not a vested interest because the transfer depends on a condition that may or may not happen.

So the correct concept is a shifting executory interest held by B.

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