Common Law Rules on future interests

What is the doctrine of destructibility of contingent remainders?

A contingent remainder is destroyed if it does not vest before or when the prior estate ends.

What are the three ways a contingent remainder could be destroyed at common law?

1. Failure to vest before prior estate ends

2. Merger: Life estate and reversion end up in the same person

3. Surrender: Life tenant gives up estate before the condition is met

Doctrine of Worthier Title

A grantor cannot create a remainder in their own heirs, the law presumes the grantor kept a reversion instead

When does the doctrine of Worthier title apply

-Only to inter vivos transfers

- When a life estate or term of years and a remainder to the grantor's heirs are created in the same instrument

What is the Rule in Shelley's Case?

If a grantor gives a life estate to a person and a remainder to that person's heirs, the interests merge, giving the person a fee simple

What is the reasoning behind the Rule in Shelley's case

The law dislikes giving future interests to heirs because heirs are unknown until death, merging the interests simplifies ownership