A landowner conveys property "to Alex for life, then to Brian if Brian graduates from law school." Which type of remainder does Brian hold?
Springing executory interest
Vested remainder
Shifting executory interest
Contingent remainder
Brian holds a contingent remainder because it is subject to a condition precedent: Brian must graduate from law school to obtain the property interest. A contingent remainder arises when either the remainder is conditional on an event not certain to occur (a condition precedent) or when the remainder is held by an unascertainable person. If there is no condition precedent and the person is ascertainable, the remainder would have been vested. Here, Brian’s remainder is conditional, making it contingent.
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