destructibility of contingent remainders

Property. The common-law doctrine requiring a future interest to vest by the time it is to become possessory or else suffer total destruction (the interest then reverting to the grantor). The doctrine could be avoided by the use of trustees to preserve contingent remainders.

• This doctrine has been abolished in all but a few American jurisdictions; the abolishing statutes are commonly termed anti-destructibility statutes.

— Also termed destructibility rule. [Cases: Remainders 10. C.J.S. Estates §§ 88–89, 91–92.]


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