Study for the MBE Critical Pass Test. Enhance your knowledge with flashcards and multiple choice questions. Prepare thoroughly for your exam with detailed hints and explanations.

Multiple Choice

Who holds the future interest when a conveyance uses a shifting executory limitation?

Shifting executory limitation means the future interest shifts from the grantor to a third party when a condition occurs. The grantor conveys to someone now, but automatically divests that holder and goes to a named third party upon the event. So the present owner has a present estate, and the future interest is held by the person named to receive upon the event—the third party who is set to take. The transferor no longer has a future interest under this structure, and the original owner's heirs don’t automatically hold it unless the deed creates a reversion or remainder to them separately. In short, the future interest is held by the third party named to receive upon the event.

Shifting executory limitation means the future interest shifts from the grantor to a third party when a condition occurs. The grantor conveys to someone now, but automatically divests that holder and goes to a named third party upon the event. So the present owner has a present estate, and the future interest is held by the person named to receive upon the event—the third party who is set to take. The transferor no longer has a future interest under this structure, and the original owner's heirs don’t automatically hold it unless the deed creates a reversion or remainder to them separately. In short, the future interest is held by the third party named to receive upon the event.