This is a fee simple interest in every respect, except that it passes to another if the contingency occurs. A “fee simple determinable” is an estate that automatically expires on the happening of a named event.

A fee simple estate subject to an “executory limitation” is called a “determinable fee simple estate” or a “fee simple determinable.” An “executory limitation” is an event which, if it occurs, automatically divests one of the devised property. A fee simple absolute is an estate in fee simple that is not subject to a special limitation, a condition subsequent, or an executory limitation. A “fee simple absolute” is an estate over which the owner has unlimited power of disposition in perpetuity without condition or limitation.

Otherwise, a devise is read to be in fee simple absolute. “hen an estate is given in one part of a will, in clear and decisive terms, it cannot be cut down or taken away by any subsequent words that are not equally clear and decisive.” A lesser estate must be created by express words or operation of law. “An estate in land that is conveyed or devised is a fee simple unless the estate is limited by express words or unless a lesser estate is conveyed or devised by construction or operation of law.” Generally, the greatest estate will be conferred on a devisee that the terms of the devise permit. The court of appeals noted as follows regarding fee simple absolute: Upon the death of my husband, ARTURO HERNANDEZ, I give, devise and bequeath any of the rest and residue of my estate both real, personal and mixed property of every kind whatsoever that he may own or have any interest in to my son, ERIC H. The rest and residue of my estate, both real, personal and mixed property of every kind and character whatsoever I may own or have any interest in at my death, is hereby bequeathed to my husband, ARTURO HERNANDEZ, to do with as he desires. In In re Estate of Hernandez, the issue in the case was whether clauses in a will conveyed a life estate to the decedent’s husband.

Fee simple absolute language