Monday, February 02, 2026

What Happens When the Destructibilty Rule is Abolished

Grutz conveys "to Dr. Butcher for life, and if Cornelius Husker obtains a Juris Doctor degree, then to Corny and his heirs."

Dr. B has a life estate
Corny has a contingent remainder in FSA (condition precedent---Juris Doctor)
Grutz has a reversion in FSA

What happens if Dr. B dies before Husker acquires his J.D.?

Now assume that the relevant jurisdiction has abolished the Doctrine of Destructibility of Contingent Remainders. What happens now when Dr. B dies?

The property reverts to the Grantor, but Corny's contingent remainder is not destroyed. So what is the state of the title?

Grantor has a fee simple of some sort (the land has reverted), but the property goes to Corny upon his graduation from law school. So what does Corny have?

What does the Grantor have?