Immediately before the niece's death, who held a vested remainder in the widow's residence?

Immediately before the niece's death, who held a vested remainder in the widow's residence?

• A. Only the son
• B. The son and the older daughter
• C. All three children
• D. None of the children, due to the 'bad as to one' rule.

Answer: (B)

A vested remainder is a future interest that is certain to become possessory when the prior estate ends and is given to a identifiable person or definite class without any condition that must occur before taking. Here, the widow has a life estate in the residence. The remainder to the children is examined for vesting: a member of a class gift has a vested remainder if that member is already in being and no condition precedent must occur before taking. The son and the older daughter fit that: they are in being and there’s no condition delaying their taking after the life estate ends, so their interests are already vested as soon as the widow dies. The younger daughter does not have a vested remainder at that moment because her right to take is conditioned on something that may or may not happen (for example, she might be unborn at creation or her share might depend on surviving the widow or reaching a certain event). Until those conditions are satisfied or the class closes, her interest remains contingent. Thus, immediately before the niece’s death, the vested remainders belong to the son and the older daughter. The niece’s death doesn’t alter this vesting assessment; vesting depends on the life estate and the conditions attached to the remainder.

A vested remainder is a future interest that is certain to become possessory when the prior estate ends and is given to a identifiable person or definite class without any condition that must occur before taking.

Here, the widow has a life estate in the residence. The remainder to the children is examined for vesting: a member of a class gift has a vested remainder if that member is already in being and no condition precedent must occur before taking. The son and the older daughter fit that: they are in being and there’s no condition delaying their taking after the life estate ends, so their interests are already vested as soon as the widow dies.

The younger daughter does not have a vested remainder at that moment because her right to take is conditioned on something that may or may not happen (for example, she might be unborn at creation or her share might depend on surviving the widow or reaching a certain event). Until those conditions are satisfied or the class closes, her interest remains contingent.

Thus, immediately before the niece’s death, the vested remainders belong to the son and the older daughter. The niece’s death doesn’t alter this vesting assessment; vesting depends on the life estate and the conditions attached to the remainder.