[2-8-4-6] The Rule applicable to contingent remainders [アメリカ不動産法]
アメリカ不動産法の英語カード66枚目です。
[2-8-4-6] The Rule applicable to contingent remainders
The Rule Against Perpetuities applies to contingent remainders.
For example, X owns Blackacre in fee simple absolute. X conveys Blackacre “to Y for life, remainder to the first son of Y to reach the age of 23 and his heirs.” At the time of conveyance, Y does not have a son who has reached the age of 23.
The remainder in Y’s son is contingent, rather than vested, since it is not yet known which son if any will reach the age of 23.
Since there is a possibility that the contingent remainder may vest beyond the perpetuity period set by the Rule, the gift to the son violates the Rule and is void.
[2-8-4-6] The Rule applicable to contingent remainders
The Rule Against Perpetuities applies to contingent remainders.
For example, X owns Blackacre in fee simple absolute. X conveys Blackacre “to Y for life, remainder to the first son of Y to reach the age of 23 and his heirs.” At the time of conveyance, Y does not have a son who has reached the age of 23.
The remainder in Y’s son is contingent, rather than vested, since it is not yet known which son if any will reach the age of 23.
Since there is a possibility that the contingent remainder may vest beyond the perpetuity period set by the Rule, the gift to the son violates the Rule and is void.
