Chapter 5

Question 1

Alternative Contingent Remainder

Answer 1

A pair of remainders with opposite conditions precedent.

Question 2

Ascertained

Answer 2

The holder of a future interest if that person is alive and identified. (The heirs of a living person are not this. Neither is that person’s widow, widower, or devisees.)

Question 3

Condition Precedent

Answer 3

A condition (other than the termination of the prior estate) that must be fulfilled before a future interest-holder’s right to eventual possession is assured. If a condition must be fulfilled before the remainder-holder can be assured of the right to possession upon the termination of the prior estate and if the condition is placed within the description of the remainder, the remainder is said to be contingent upon the fulfillment of one of these.

Question 4

Contingent Remainder

Answer 4

A remainder that has one or both of the following characteristics: (1) It is given to an unascertained person; and (2) it contains a condition precedent, that is, a condition (other than the termination of the prior estate) that must be satisfied before the interest can become possessory.

Question 5

Remainder

Answer 5

A future interest given to a grantee and following an estate that will end naturally. They follow fee tail estates, life estates, and terms of years. Example: “O to A for life, then to B.” Contrast it with a reversion, which is the same future interest except that it is retained by the grantor.

Question 6

Vested Remainder

Answer 6

A remainder that has an ascertained taker and no condition precedent.