This section is from the book "The Law Of Real Property and Other Interests In Land", by Herbert Thorn Dike Tiffany. Also available from Amazon: A Treatise on the Modern Law of Real Property and Other Interests in Land .
Executory limitations may be phrased in the alternative, so that if the event upon which one is to take effect in favor of a particular person or class does not occur, the other will take effect in favor of another person or class.21
164 111. 245, 45 N. E. 498, distinguishing Blatchford v. Newberry, 99 111. 11; Aspy v. Lewis, 152 Ind. 493, 52 N. E. 756; Moore v. Lyons, 25 Wend. (N. Y.) 119; Embury v. Sheldon, 68 N. Y. 235; Black v. Woods, 213 Pa. 583, 63 Atl. 129; Hansford v. Elliott, 9 Leigh (Va.) 79; Allison v. Allison, 101 Va. 537, 44 S. E. 904, 63 L. R. A. 920, 44 S. E. 904.
17. 2 Jarman, Wills, 1010; 1 Underhill, Wills, Sec. 14; Scott v. Harwood, 5 Madd. 332; Merriam v. Simonds, 121 Mass. 198; Wood v. McGuire, 15 Ga. 202; Downing v. Marshall, 23 N. Y. 373.
18. See ante, Sec. 139.
19. 2 Jarman, Wills, 1011; 2
Underhill, Wills, Sec. 554; Oppen-heim v. Henry, 10 Hare, 441; Hall v. Hall, 123 Mass. 120; Hill v. Rockingham Bank, 45 N. H. 270.
20. 2 Jarman, Wills, 1010; Baldwin v. Rogers, 3 De Gex, M. & G. 649.
21. Leake, Prop. in Land, 364; Fearne, Cont. Rem. 514; Smith Executory Interests, Sec.Sec. 128, 136; Stephens v. Stephens, cas. temp. Talb. 228. For instance, in the case of a devise to A in fee simple, with a limitation over, in the event of A's death before arriving at twenty-one, to C, and, in the event of C's previous death, then to D, there are alternative executory limitations to C and D.
[ Sec. 172
An executory limitation may be so phrased as to be susceptible of division into two limitations, one of which operates to create a contingent remainder in favor of a specific person or class, to vest on a named event, and the other of which operates to create an executory interest, to vest on a different event, in favor of the same person or class.22 Or a particular clause may operate to create a contingent remainder among some members of a class, and an executory devise in favor of other members of the class, in favor of whom it cannot operate as creating a contingent remainder.23 thereby acquires the whole estate for years, subject to an executory devise to B of an estate for years to commence on the death of A.34 case they all die under a given age, or under other prescribed circumstances, there is no implication of cross limitations, but the share of each goes, in the absence of an express provision to the contrary, to his heirs, until the death of the last survivor.25-26