ex. C has an indefeasibly vested remainder in fee simple absolute. For example, "To Jorge, unless he gets divorced."

Seeinfra. B has a vested remainder subject to open.) A .
Contingent remainder [ edit ] A remainder is contingent if one or more of the following is true: (1) it is given to an unascertained or unborn person, (2) it is made contingent on anything but the natural termination of the preceding estate. This means B has a contingent remainder because we don’t know if B will ever … B has a vested remainder for life subject to total divestment if B fails to survive A. There are three types of vested remainders: Vested remainders; Vested remainders subject to open (or vested subject to partial divestment) – for example: “To A for life and then to the children of A and their heirs (if A already has at least one child)”. B has – indefeasibly vested remainder. If B predeceases A – at common law, B’s future interest passes by his will or by intestacy to his heirs. § 2F .



Remainderman exists; … Automatically reverts to 3rd party upon happening of event. Thus, his vested remainder is subject to divestment; if the preceding freehold life estate terminates when B is only age 19, he'll have a fee simple subject to an executory limitation in favor of C and C will have a "shifting executory interest" until B's 21st birthday unless the jurisdiction recognizes the destructibility of contingent remainders doctrine (infra). Instead B is said to have a vested interest subject to partial (more children) and complete divestment (if B dies before A). Fee Simple subject to an executory interest. A . Indefeasibly Vested. Instead B is said to have a vested interest subject to partial (more children) and complete divestment (if B dies before A). Another way for a vested remainder to be subject to complete divestment would be inherent limitation. There’s no punctuation or language this time that indicates B’s interest is vested but could then be subject to divestment. A future interest that has vested, but which may be destroyed by an event that could occur after the vesting of the interest but before the interest becomes possessory. Remainder subject to divestment is also known as defeasible remainder. B has a contingent remainder. Vested remainder subject to complete defeasance (vested remainder subject to total divestment). Until. Vested remainder subject to complete divestment/defeasance Definition. is subject to open, or, as it is sometimes called, subject to partial divestment, that is, if. Class Gift - Vested Remainder Subject to Open. If there are more kids, the existing kids get partially divested. It refers to a vested remainder that can be destroyed if a specific condition occurs. Future interest = Shifting executory interest. To A for life, then to B, if B survives A. indefeasibly vested remainder for life (even though it may never become possessory). Vested Remainder Subject to Complete Divestment "To A for life, then to B, but if B dies before A, to C." (B has a vested remainder subject to divestment by C) With vested remainders subject to divestment, it is certain who the property will go to (that person has a vested interest), but there is a condition that could happen after B takes possession of the property that would make someone else then have the property.

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