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PRELIMINARY DRAFT 25 1 ([1934])

handle is hein.ali/relpfutin0071 and id is 1 raw text is: PROPOSAL N__. 1. (EMPLOYED IN ANALYSIS 11-15-31)
I. Creation of interests in persons other than conveyor by express
limitation.
[Treat successively the effects of variations with
respect to each of the following items in the creat-
ing transaction.]
1. Type of property interest had by conveyor.
[Effect of its defeasibilities; of it being a
chattel real; of it being subject to easenents,
liens, prior trust etc.; of it being a chattel
personal consumable.]
2. Type of conveyance employed.
[Instrument drawn by layman; differences when will
rather than deed.]
3. Aggregate of interests ahead of future interest under
consideration.
[Effect. when this aggregate is legal estate measured
by years; by life or lives; by lives plus years; or
when it is a defeasible fee; or when it is some one
of above interests plus power to defeat subsequent
interests; or when it is a trust, or when it is an
equitable aggregate.)
4. Event upon which future interest is limited.
[Substitutional constructions; death of person to
whom first interest is limited, with and without
further qualifications; contingencies not ce-tain
to be resolved by end of supporting.estate of free-
hold; problem whether event includes ability of
future interest to become operative.]
5. Language used in phrasing limitation.
[Precatory; Edwards v. Hammond formula; gifts of
interest and maintenance; residuary dispositions;
segregation; requirement of survivorship; to B
and children; divide and pay over rule; specific
as contrasted with general legacy.]
6. Variations in persons in whose favor the future interest
is limited.
[persons not in being; heirs or next of kin of con-
veyor; heirs or next of kin of living person; heirs
o.r next of kin of person to whom prior freehold
given; class gifts; effect of lapse statutes.]
II. Creation of interests in persons other than conveyor by
implication.
1. Life estate plus interest limited to take effect on
death of life tenant without issue or children.

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