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Real Property – Nutshell Examples - page 9 / 22

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Ex:To Bob for life, then to Cathy for life.  Cathy’s remainder is not contingent, because there is no condition precedent except the natural termination of Bob’s estate.  Cathy may never take possession if she dies first. (65)

Ex:To Bob for life, remainder to Cathy for life if she is 21 when Bob dies, remainder to Don and his heirs.  Cathy has a contingent remainder in a life estate.  It is contingent because of the condition precedent that she become 21 in time.  Don’s remainder in FS is not contingent because it is not subject to any condition. (66)

Vested Remainder

Ex: To Bob for life, then to Cathy and her heirs.  If Cathy is alive, she has a vested remainder. (66)

Ex:To Bob for life, then to Cathy for life. (66)

Ex:To Bob and the heirs of his body, and then to Cathy and her heirs.  Cathy has a vested remainder in FS. (67)

Vested Remainder Subject to a Condition Subsequent/Total Divestment

Ex:To Bob for life, remainder to Cathy and her heirs, but if Cathy ever sells liquor on the land, then Ann may re-enter and repossess.  Cathy has a vested remainder in FS subject to a condition subsequent, and Ann has a right of reacquisition. (67)

Vested Remainder Subject to Open/Partial Divestment

Ex:To Bob for life, remainder to his kids.  Bob has one daughter.  Since the child is ascertained and there is no condition precedent, she has a vested remainder in fee simple.  But when and if other children are born to Bob, they will share the remainder in FS with her, thereby reducing her share.  She has a vested remainder in fee simple subject to partial divestment. (67)

Reversion Following Remainder

Ex:To Bob for life and then to Cathy if she is 21 when Bob dies.  Bob has a life estate, Cathy has a contingent remainder if she is not yet 21, and the grantor has a reversion.  If Cathy turns 21 while

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