An estate in land vested in a grantee “until she marries” is properly classifiable as
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an estate in equity.
An estate in equity refers to rights enforced in courts of equity rather than law, not estates with specific termination conditions. This classification doesn't apply to estates defined by their duration or conditional termination.
a defeasible fee.
less than a freehold estate.
This estate is actually a freehold estate because it's potentially inheritable and lasts indefinitely until the specified condition occurs. Freehold estates include fee simple, life estates, and defeasible fees.
a life estate.
A life estate automatically terminates at the death of a specified person, not upon marriage. This estate's termination condition is marriage, not death, making it fundamentally different from a life estate.
Why is this correct?
A defeasible fee is correct because it's an estate that automatically terminates upon the occurrence of a specified condition. In this case, the condition is the grantee's marriage, which would terminate the estate, making this a fee simple determinable, a type of defeasible fee.
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