700.04 Classification of future interests. Future interests are classified as:
(1) A reversionary interest left in the transferor or the transferor's successors in interest, either as a reversion, a possibility of reverter upon the simultaneous creation of a fee simple determinable, or a power of reacquisition; or
(2) An interest created in a person other than the transferor or the transferor's successors in interest, called a remainder, to take effect at the termination of a preceding interest created at the same time or without the intervention of such a preceding interest.
History: 1991 a. 316.
When a conditional testamentary disposition failed, the court found a gift by implication rather than a reversionary interest that would have contravened the testator's intent. In re Trust of Pauly, 71 Wis. 2d 306, 237 N.W.2d 719 (1976).
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 700 - Interests in property.
700.02 - Classification of interests in property as to duration.
700.03 - Classification of present and future interests.
700.04 - Classification of future interests.
700.05 - Classification of remainders.
700.06 - Interest for life of another; succession.
700.07 - Transferability of future interests.
700.08 - Estate tail becomes fee simple; effect of gift over after attempted estate tail.
700.09 - Interest contingent on death without issue.
700.10 - Remainder to heirs of owner of life interest; abolition of rule in Shelley's case.
700.11 - Interests in “heirs" and the like.
700.12 - After-born persons included in class gift.
700.13 - Remainders presumed not to shorten prior interest; acceleration of remainders.
700.14 - Indestructibility of contingent future interests.
700.15 - Nominal conditions not enforced.
700.16 - Perpetuities and suspension of power of alienation.
700.17 - Classification and characteristics of certain concurrent interests.
700.18 - Determination of cotenancy generally.
700.19 - Creation of joint tenancy.
700.20 - Extent of undivided interests in tenancy in common.
700.21 - Covendors in contracts to transfer.
700.215 - Exception for equitable rights of cotenants and 3rd persons.
700.22 - Exception for bank deposits, checks, government bonds and vehicles.
700.23 - Liability among cotenants for rents and profits.
700.24 - Death of a joint tenant; effect of liens.
700.25 - Applicability of chapter.
700.26 - Applicability of general transfers at death provisions.
700.27 - Disclaimer of transfers during life.
700.28 - Prohibiting unreasonable restrictions on alienation of property.
700.35 - Renewable energy resource easements.