美国纽约州律师资格考试各科提纲__–_不动产法.pdf

融经国际商法咨询服务 GnosisPraxis Int’l Commercial Regulatory Consulting 美国纽约州律师资格考试各科提纲 – 不动产法 REAL PROPERTY SUMMARY OF FREEHOLD ESTATES HOW TO:  What language created the estate?  What are the estate’s distinguishing characteristics? o Is it devisable (can it pass by will)? o Is it descendible (will it pass by statutes of intestacy)? o Is it alienable (transferable inter vivos)?  Which future interests, if any, is the estate capable of? Language to Future Estate Create Duration Transferability Interest Comments Fee Simple “To A and his Absolute ownership, Devisable, None Living person has Absolute heirs” (no longer of potentially infinite descendible, no heirs, only necessary) duration alienable perspective heirs “To A” (they are powerless) Fee Tail “To A and the Lasts only as long as Passes Reversion (if Virtually abolished, heirs of his body” there are lineal blood automatically to held by including NY descendants of grantee’s lineal grantor); (virtually never grantee descendants Remainder (if tested) held by 3d