Has anyone out there figured out a way to parse future interests? I'm struggling specifically with the difference between the condition subsequent that marks a vested remainder subject to divestment, and condition precedent that defines a contingent remainder subject to condition precedent. What makes a condition precedent and not subsequent? It's inexplicable, I tell you. Any help would be appreciated.
Condition precedent- something that has to happen before the person can have a vested interest (ex. "if B reaches age 16, then to B") Notice B has contingent remainder (because of the condition precedent "if B reaches age 16") until he turns 16.
Condition subsequent- is where something has to happen to defease (take away) the interest. (ex. "To B, unless B marries C.") Notice here B is getting a vested remainder subject to a condition subsequent. The CS is if B ever marries C then the interest is taken away.
I always ask:
Is it going to an unaccertainable person (ex. unborn children or something like "to A's heirs" but A is still alive so the heirs are therefore unaccertainable) OR is there a condition precedent?
If there is either an unaccertainable person or a condition precedent, then it's a contingent remainder.
And if it's not a contingent remainder, then it's gotta be a one of the 3 types of vested remainders.