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An indefeasibly vested remainder is certain to become possessory in the future, and cannot be divested. [4]For example A conveys to "B for life, then to C and C 's heirs." C has an indefeasibly vested remainder, certain to become possessory upon termination of B 's life estate (when B dies).
A contingent remainder is created when a remainder cannot fully vest at the time of granting. This normally occurs in two situations: This normally occurs in two situations: when the property can't vest because the beneficiary is unknown (for example, if the beneficiary is a class subject to open), or
[37] [38] If, for example, a grantor's will devised land "to my son, for life; then to his wife [or widow], for life; then to his children living at the time of her death", the children's contingent remainder (contingent on their status as "living" at the time of the widow's death) would be invalid, even if the grantor's son was an elderly and ...
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."
If a divorce revokes the beneficiary’s rights: For example, if your ex-spouse was named as a primary beneficiary but a divorce legally revokes their rights, the contingent would step in.
The rule converted the contingent remainder in B's heirs into a vested remainder in B. The rule's effect ended there. After that, the doctrine of merger operated on the two successive freehold estates placed in the same purchaser (B's life estate and B's remainder in fee simple) and converted them into a single fee simple absolute in B.
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The ownership of a life estate is of limited duration because it ends at the death of a person. Its owner is the life tenant (typically also the 'measuring life') and it carries with it right to enjoy certain benefits of ownership of the property, chiefly income derived from rent or other uses of the property and the right of occupation, during his or her possession.