Multistate Bar Examination Practice Question

Mark was granted a shifting executory interest. A shifting executory interest is a future interest that cuts short the preceding estate (Sarah's estate) upon the occurrence of a specified condition (failure to cultivate the property within five years). Because the interest divests a transferee rather than waiting for the natural termination of the prior estate, it is classified as a shifting executory interest rather than a remainder. The other listed interests are incorrect because they either wait for the natural expiration of the preceding estate (remainders) or return the property to the grantor (possibility of reverter).