Law of Future Interests in Nebraska (Part One), The
Volkmer, Ronald R.
INTRODUCTION|This article discusses the Nebraska law of future interests, with special emphasis on recent statutory and case law. The law of future interests, one part of a larger body of the English common law referred to as the doctrine of estates, emerged from medieval England and survives in modified form today. In its origins the estates doctrine concerned real, as opposed to personal, property. Consistent with the common law's development, Nebraska law has recognized the creation of future interests in personalty. In the modern day setting, the attorney is most likely to encounter future interests in the context of a trust, the corpus of which is typically personal property. Future interests created in the context of a trust are referred to as "equitable" future interests. Future interests created without a trust, either in realty or personalty, are denominated "legal" future interests. While it is still possible to create legal future interests in Nebraska real estate, the estate planner should be sensitive to the many problem areas that lurk in the creation of such interests...
18 Creighton L. Rev. 259 (1984-1985)
Creighton University School of Law