executory devise
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 73 U.S. 458 - Doe Lessee of Poor v. Considine · 1867Most cited · 209 citing opinions
An executory devise is such a disposition of real property by will that no estate vests thereby at the death of the devisor, but only on a future contingency. It differs from a remainder in three material points: 1. It needs no particular estate to support it.
2.
A fee simple or other less estate may be limited by it after a fee simple.
3.
A remainder may be limited, of a chattel interest, after a particular estate for life in the same property.
How often courts cite the cases defining “executory devise”
Court decisions citing the 2 opinions that defined “executory devise” — 236 in all, by decade. Counts are citations to the defining cases as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.
All 2 definitions, chronological · 1813–1867
- ORIGINAL
It is the acknowledged rule, that an executory devise is not too remote if the contingency may happen within a life or lives in being, or 24 years and a few months after.
remoteness rule