Remainder: a future interest created in a grantee that is capable of becoming possessory upon the expiration of a prior possessory estate of known, fixed duration created in the same conveyance in which the remainder is created-vested remainder: created in a grantee who is in being or ascertainable; no condition precedent attached; three kinds: indefeasibly vested (O to A for life then to B), subject to complete defeasance (O to A for life, then to B, but if B doesn’t graduate, then to C), and vested subject to open (O to A for life, then to B’s children [if B has children at time of grant])-contingent remainder: created in a grantee that is unascertainable or where there is a
condition precedent to grantee’s taking; accompanied by a reversion in grantor-doctrine of destructibility of contingent remainders: contingent remainder is deemed destroyed and O or O’s heirs would take in fee simple if remainder still contingent at termination of preceding estate; half of the states have abolished this rule (including NY), so that O or O’s heirs would hold the estate subject to a springing executory interest-rule in shelley’s case: rule of law against remainders in grantee’s heirs; present and future interests merge and grantee would get fee simple absolute; virtually abolished today-doctrine of worthier title: rule of construction against remainders
in grantor’s heirs; still applies in most states; presumption that a reversion to grantor is intended instead of a contingent remainder in O’s prospective heirs
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