Destructibility of Contingent Remainders

Question 1

Rule to Destroy Contingent Remainder

Answer 1

1. A legal remainder in land is destroyed if it does not vest at or before the termination of the preceding freehold estate.
2. If the remainder is still subject to a condition precedent when the preceding estate terminates, the remainder is wiped out, and the right of possession moves on to the next vested interest.

Question 2

New Restatement - Recognition of Destructibility?

Answer 2

The new restatement does not recognize the destructibility rule and states that it has been abolished by statute or case law in nearly all states.