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Merger – Property I Outline

Property I

Merger

When the same person holds both a present possessory estate (or vested future interest) and the next vested future interest (i.e., no other person hold an intervening vested future interest), and the interests were not created by the same conveyance, then the present possessory estate (or vested future interest) merges with the vested future interest (lesser merges into greater) and destroys any intervening contingent remainders.

Destruction of Contingent Remainders Doctrine

A contingent remainder is destroyed if it is still contingent (not vested) when the prior estate ends.

E.g.
O to A for life, then to B if B reaches 30.
If A dies before B is 30, B's contingent remainder is destroyed.

Abolished in most states.