Real Property: Future Interests: Contingent remainders and The rule of Destructibility of Contingent Remainders

The rule of Destructibility of Contingent Remainders – at common law, a contingent remainder was destroyed if it was still contingent at the time the preceding estate ended.

• The rule has been abolished nationally.
  

• EX: “To A for life, and if B has reached the age of 21, to B.” A dies, leaving behind B who is only 19.

• CL: B’s CR is destroyed, O and O’s heirs take in fee simple absolute

• TODAY: O or O’s heirs hold estate subject to B’s springing executory interest. Once B reaches 21, he takes.