Here is the hypo I used today in class. I want to correct something I misspoke about.
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. if we assume that the relevant jurisdiction has abolished the Doctrine of
Destructibility of Contingent Remainders.
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?
The Grantor has a Fee Simple Subject to an Executory Interest (not a Fee Simple Determinable With an Executory Limitation as I might have misspoke).
Husker's contingent remainder has survived as a Springing Executory Interest--it divests Grutz's Fee Simple Subject to an Executory Interest.
