Estates - Little Rules

Question 1

Destructibility of Contingent Remainders

Answer 1

Rule applies when the estate is given to someone’s heirs that is still living, thus, the contingency isn’t resolved at the time to take.

The contingent remainder will be destroyed.

i. e. - O grants “to A for life, then to B’s heirs” (B is alive)
* Often abolished - not everywhere

Question 2

Shelley’s case

Answer 2

Exists when gift to one person with remainder in their heirs.

Contingent remainder will become a vested remainder in the grantee.

i. e. - O grants “to A for life, then to A’s heirs”
* Often abolished - not everywhere

Question 3

Doctrine of Worthier Title

Answer 3

Exists when gift to one person with remainder in grantor’s heirs.

Contingent remainder becomes a reversion in grantor.

i. e. - O grants “to A for life, then to O’s heirs”
* Often abolished - not everywhere

Question 4

What are the three main Little Rules for estates?

Answer 4

• Destructibility of Contingent Remainders
• Rule in Shelley’s Case
• Doctrine of Worthier Title