Rule of destructibility of contingent remainder states a remainder is destroyed if:

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Multiple Choice

Rule of destructibility of contingent remainder states a remainder is destroyed if:

Explanation:
The rule of destructibility of contingent remainder hinges on what happens to the prior estate before the condition for vesting can occur. A contingent remainder is tied to a preceding freehold estate; if that preceding estate terminates before the condition is satisfied, there is nothing left to support the remainder, so the contingent interest is destroyed and ownership reverts to the grantor (or the grantor’s heirs, depending on the language). So if a grant says “to A for life, then to B if B reaches 21,” B has a contingent remainder. If A’s life estate ends before B reaches 21, the preceding interest ends first, and B’s contingent remainder is destroyed. If the contingency is later satisfied, the remainder would vest; death of the grantor or the mere lack of vesting possibility aren’t the triggers for destruction under this rule.

The rule of destructibility of contingent remainder hinges on what happens to the prior estate before the condition for vesting can occur. A contingent remainder is tied to a preceding freehold estate; if that preceding estate terminates before the condition is satisfied, there is nothing left to support the remainder, so the contingent interest is destroyed and ownership reverts to the grantor (or the grantor’s heirs, depending on the language).

So if a grant says “to A for life, then to B if B reaches 21,” B has a contingent remainder. If A’s life estate ends before B reaches 21, the preceding interest ends first, and B’s contingent remainder is destroyed. If the contingency is later satisfied, the remainder would vest; death of the grantor or the mere lack of vesting possibility aren’t the triggers for destruction under this rule.

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