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A legal contingent remainder in land is destroyed if it does not vest at or before the termination of the preceding freehold estate. Under the rule of destructibility of contingent remainders, the preceding freehold estate in possession can be a fee tail or a life estate. Note: the rule does not apply if the preceding estate is a leasehold because the termor does not have seisin. A life estate can terminate either upon the death of the life tenant or before the life tenant's death. Under common law, the life estate can be forfeited by a tortious conveyance. Under current law, forfeiture is not recognized. In addition, when the life estate and a vested remainder or reversion in fee simple come into the hands of the same person, the intermediate contingent remainders are destroyed. Vested remainders cannot be destroyed by a gap in seisin. The rule applies only to contingent remainders. As for executory interests, the rule of destructibility does not apply because no gap in seisin can ever appear before these interests.


The destructibility rule does not apply to personal property because there is no seisin in personal property. Equitable estates are not subject to the destructibility ...

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