CMR TECHNICAL RULES OF THE COMMON LAW

SUMMARY
CHART

Destruction of
Contingent Rule in Doctrine of
Remainders Shelleys Case Worthier Title

Rule Contingent remainders A remainder in a life A remainder in the

are destroyed if not tenant-grantees heirs is grantors heirs is
vested at time of deemed to be in the life ineffective, so grantor
termination of preceding tenant herself. has a reversion.
estate.

Example To A for life, remainder To A for life, then to As To A for life, then to my
to As children who reach heirs. heirs at law.
21.

Result If A has no children who A has a fee simple. A has a life estate;
are at least 21 at time of grantor has a reversion.
her death, property
reverts to grantor.

Modern Abolished in most Abolished in most Generally treated as rule

Status jurisdictions. jurisdictions. of construction only.

Modern Property reverts to As heirs have a Grantors heirs have a

Result grantor; As children contingent remainder. contingent remainder.
have a springing
executory interest.