A landowner conveys property 'to A for life, then to A’s children who survive A.' At the time of the conveyance, A has two children, B and C. What type of interest do B and C hold under this conveyance?
The correct answer is a contingent remainder. B and C’s interest is contingent upon their survival of A. If a specific condition must happen (e.g., B and C surviving A) before a future interest becomes possessory, that interest is classified as a contingent remainder. A springing executory interest, while also dependent on a condition, occurs when there is a gap in ownership or a later-divesting event, which is not the case here. A vested remainder, in contrast, would require there to be no unmet conditions other than the life estate terminating, but the survival condition makes their interest non-vested. A fee simple absolute is a present estate, not a future interest, and thus does not apply to B and C.
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Multistate Bar Examination
Real Property
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