Future Interests

Question 1

Contingent Remainders

Answer 1

Remainder is contingent if occur:

1. Specified event must occur before possession
2. To unascertained person
3. To unborn person

Question 2

Remainder

Answer 2

Future interest in someone other than grantor follows immediately after expiration of particular estate.
NEVER follows defeasible fee

Question 3

Executory Interest

Answer 3

Future interest in someone other than grantor that either:
Directly follows fee simple
Cuts short prior estate
Directly follows possession grantor

Question 4

RAP

Answer 4

Only applies if the interest is somehow contingent.
Age contingencies > 21 can create problems.
Event contingencies should raise flags. (However gift from 1 charity to another ok.)
Does not apply to fee determinable estates.

Question 5

Vested Remainders

Answer 5

Indefeasibly vested

Vested subject to complete defeasance

Vested subject to open

Question 6

Rule of Destructible Contingent Remainder

Answer 6

CR destroyed if it was still contingent at time preceding estate ended. Today O’s heirs hold estate subject to springing executory interest.

Question 7

Rule in Shelly’s Case

Answer 7

To A for life then on A’s death to A’s heirs.

Life and FI would merge giving A fee simple. Today, A life estate, A’s unknown heirs contingent remainder

Question 8

Doctrine of Worthier Title

Answer 8

To A life then O’s heirs

Contingent remainder in O’s heirs void. O gets reversion. However if O clearly intends to create a contingent remainder court allows it.