Bar Exam — MBE (Multistate Bar Exam)Real PropertyEasy
A grantor conveyed Blackacre 'to my son, for life, then to my daughter and her heirs.' At the time of the conveyance, both the son and daughter were alive. What interest does the daughter hold?
- AA reversion.
- BA vested remainder.
- CA contingent remainder.
- DA shifting executory interest.
Show answer & explanationAnswer & explanation
Correct answer: B. A vested remainder.
The daughter has a vested remainder because she is an ascertained person and her interest is not subject to any condition precedent other than the natural termination of the preceding life estate. Her interest is certain to become possessory upon her brother's death.
Why the other options are wrong
- A. A reversion is an interest retained by the grantor, not created in a third party.
- C. A contingent remainder has a condition precedent or an unascertained grantee. Here, the daughter is ascertained and there's no condition.
- D. A shifting executory interest divests a prior grantee's interest, which is not happening here.
Vested Remainder
A future interest created in a known, ascertained person that is certain to become possessory upon the natural termination of the preceding estate.
- No condition precedent other than the end of the prior estate.
- Grantee is identified and alive.
- Can be alienated, devised, and inherited.
Memory trick: Vested = Verifiable, Certain, Definite