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possessory in any way except death. These ways are "artificial" or "unnatural" with respect to natural termination, or death. These "artificial" terminations include any type of condition other than death (e.g. event, specific time, etc.). This interest cuts off the prior estate and becomes possessory. In terms of classification, an executory interest is any future interest in the transferee other than a remainder ( Remainder (law) ).

There are two types of executory interests: springing and shifting.

  1. Springing Executory Interest

    • It divests the interest of the transferor (e.g. fee simple absolute), provided the "unnatural" condition is satisfied, and grants it to the transferee(s). The transferor does not retain a Reversion interest.



  2. Shifting Executory Interest

    • It divests the interest of any transferee, (e.g. fee simple absolute), provided the "unnatural" condition is satisfied, and grants it to other transferee(s). The transferor does not retain a reversion interest.