Destructibility of contingent remainder limbo
WebAn estate given to a class of persons when one or more of them is already ascertained but others could be added. Vested remainder subject to partial divestment, vested remainder in fee simple subject to open (could have siblings), executory interest (unborn kids of A) Web3. Destructibility of contingent remainders: At common law, a contingent remainder is deemed “destroyed” unless it vests at or before the termination of the preceding freehold estates. This is the doctrine of “destructibility of contingent remainders.” [69-71] Example: O conveys “to A for life, remainder to the first son of A who
Destructibility of contingent remainder limbo
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WebB has no children. O intended A to have a life estate and B’s children to have a contingent remainder, contingent on attaining age 20. Applying the Rule Against Perpetuities, A’s life estate is valid since it is a present interest. Likewise, the contingent remainder to B’s children who attain age 20 is good. B is the validating life. Webequitable remainder in fee. The remainder, however, is defeasible by C ’s interest. Since C ’s interest is a shifting one and not a remainder, let us call it a shifting use. (4) “To , XY, and . Z. to the use of. A . for life, remainder to and his heirs, but if. C A . remarries, then to. B . for life, remainder to and his heirs.” C A
http://faculty.law.miami.edu/mfajer/documents/efitest10F_001.doc WebAllow contingent remainders more time beyond the preceding life estate within which to become vested. Do NOT save remainders that no longer have any possibility of vesting. "To A for life, B if he survives A." Assume B dies while A is alive. - No longer possible. "To A for life, remainder to B if he shall live to be at least 21."
WebDestructibility of Contingent Remainders Definition. A common-law doctrine providing that a contingent remainder was destroyed if the prior estate terminated, for any reason, before the remainder became vested. A great majority of states no longer follow this rule. Under modern law, the grantor of the contingent remainder is deemed to retain a ... WebA common law rule "that a freehold contingent remainder which does not vest at or before the termination of the preceding freehold estate is destroyed. Such termination of the …
Webdestructibility of contingent remainders. Property. The common-law doctrine requiring a future interest to vest by the time it is to become possessory or else suffer total …
http://www.law.harvard.edu/faculty/cdonahue/courses/prop/mat/Mats_c18.pdf breakfast hermosa beachWebBy J. Allen Smith, Published on 09/09/22 costco streamwood ilWebDESTRUCTIBILITY OF CONTINGENT REMAINDERS 657 Archer's Case,3 at the end of the sixteenth century, that the rule of destructibility would apply to contingent … costco stuart fl newsWebFUTURE INTERESTS-CONTINGENT REMAINDERS-DESTRUCTIBILITY BY MERG-ER-X conveyed land to A for life, remainder to the heirs of A's body.' There-after, X granted … breakfast hermosa beach ca woman\u0027s namehttp://www.law.harvard.edu/faculty/cdonahue/courses/prop/assign/Questions11_6.pdf costco strongsville hearing aidWebDestructibility of contingent remainders. A common law rule "that a freehold contingent remainder which does not vest at or before the termination of the preceding freehold estate is destroyed. Such termination of the preceding estate might result from the natural expiration of that estate, or from forfeiture, or from merger ." [1] costco stretch tite food wrapWebContingent Remainders Exist in Nebraska?" 6 NEB. L. BUL. 390 (1928); McCall, "The Destructibility of Contingent Remainders in North Carolina," 16 N.C. L. REv. 87 (1937), where the writer suggests at page 118 "that North Carolina, by statutory enactment, visit a merciful death upon the doctrine of Destructibility and forever put an end to its ... costco string led lights