Contingent Estate

An interest in land which commences at some future point depending upon either the occurrence of a specific but uncertain event or upon the determination or existence of the person(s) to whom the estate is limited, see 260 S.W. 357, 359; e.g., if property is granted "to A for life and then to the heirs of B," there is a contingent estate (a "contingent remainder") in the heirs of B, which will vest [become certain] at the death of A unless B is without heirs. If B is without heirs, the estate reverts [goes back] to the original grantor. Because a contingent estate was regarded as a mere possibility or expectancy it was not alienable inter vivos [transferable during one's lifetime] at common law. Contingent remainders were made alienable in England in 1845 and are freely alienable today in the majority of American jurisdictions. Moynihan, Introduction to the Law of Real Property 146-163 (3d ed. 2002). Compare conditional fee; determinable fee [fee simple determinable]. See also condition; future interest.