Montana Code Annotated 2017

TITLE 70. PROPERTY

CHAPTER 15. DEFINITIONS AND KINDS OF ESTATES IN REAL PROPERTY

Part 2. Classification of Interests in Real Property

Remainder Limited Upon Fee Tail Valid -- Vesting

70-15-205. Remainder limited upon fee tail valid -- vesting. When a remainder in fee is limited upon any estate that would by the common law be adjudged a fee tail, the remainder is valid as a contingent limitation upon a fee and vests in possession on the death of the first taker without issue living at the time of the first taker's death.

History: En. Sec. 1213, Civ. C. 1895; re-en. Sec. 4484, Rev. C. 1907; re-en. Sec. 6726, R.C.M. 1921; Cal. Civ. C. Sec. 764; Based on Field Civ. C. Sec. 221; re-en. Sec. 6726, R.C.M. 1935; R.C.M. 1947, 67-505; amd. Sec. 2112, Ch. 56, L. 2009.