Long v. Long

343 N.E.2d 100 (1976)

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Nature of the Case

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Facts

Appellant (A) maintains that the interest remaining in the grantor is a possibility of reverter which is a descendible, devisable estate at the death of the original grantor of the estate tail. A contends that upon the death of the first donee in tail without issue, the interest then passes to the heirs of the grantor living at his death and to their descendants. Appellees (D) maintain that the interest remaining is a possibility of reverter and contend that this possibility of reverter was not of sufficient quality to descend to an heir until the donee in tail dies without issue. At that instance, the possibility ripens into a fee simple estate in the grantor, and if he has predeceased the donee in tail, the estate then passes by the law of intestate succession to the heirs living at the time of the ripening of the possibility.