I just want to make sure that we are all clear on this one:
4. Suppose Grutz conveys "to A for life, then to B and his heirs, but if B dies before C, then to C and his heirs."
What is the state of the title?
A has a life estate
B has a Vested Remainder Subject to Complete Defeasance in Fee Simple Absolute
C has a Shifting Executory Interest in Fee Simple Absolute
Now suppose A dies and both B and C are still alive?
Upon A's death his life estate terminates.
B's remainder takes effect and he now has a Fee Simple Subject to an Executory Limitation
C has a Shifting Executory Interest in Fee Simple Absolute
What happens if B dies and C is still alive?
B's interest is divested because he died before C, the title thus shifts to C, who now owns Blackacre in Fee Simple Absolute.
What happens if C dies and B is still alive?
B now has a Fee Simple Absolute.
C's Executory Interest has failed (because C died before B) and thus B's Fee Simple is no longer subject to an executory limitation.
