Real Property: Future Interests: Contingent remainders and The Doctrine of Worthier Title

The Doctrine of Worthier Title (rule against a remainder in grantor’s heirs) – When O, who is alive, tries to create a future interest in his heirs.
  • EX: O, who is alive, conveys “To A for life, then to O’s heirs.”
    • If Doctrine of Worthier Title did NOT apply, A has life estate, O’s heirs have a contingent remainder, because O is still alive and a living person has no heirs.
    • Instead because of DWT, the CR in O’s heirs is void. Thus, A has a life estate, and O has a reversion.
    • Grantor’s intent controls. If grantor clearly intends to create a contingent remainder in his heirs, that intent is binding