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Destructibility of Contingent Remainders


A common-law doctrine providing that a contingent remainder was destroyed if the prior estate terminated, for any reason, before the remainder became vested. A great majority of states no longer follow this rule. Under modern law, the grantor of the contingent remainder is deemed to retain a reversion, which will transfer the property back to the grantor until the contingent remainder vests. At that point, the remainder will take effect, and the remainderman will take possession. However, even under modern law, a contingent remainder will cease to exist if there is no possibility that it can vest.

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