A property owner conveyed Blackacre 'to Alex for life, then to Brian and his heirs if Brian survives Alex.' What type of future interest does Brian hold, and why?
Brian holds a contingent remainder because his future interest depends on a condition precedent: Brian must survive Alex for his interest to become possessory. A contingent remainder arises when there is uncertainty regarding the identity of the taker or a condition precedent to the taker's possession. The other options are incorrect: a vested remainder requires that the interest be certain to vest upon the natural conclusion of the prior estate without any conditions attached, and an executory interest requires that the condition cause a divestment of a prior estate or remainder. Here, Brian’s interest does not divest Alex’s life estate; it merely hinges on a condition that must be met before possession can be transferred.
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What are the differences between a contingent remainder and a vested remainder?