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71
Contingent Remainder
1. subject to condition precedent; or
2. created in favor of person unborn or unascertained
Condition precedent- makes remainder contingent
(if condition is incorporated into clause which gives gift to remainderman, remainder is contingent)
Condition subsequent- makes remainder vested
(but if one clause created remainder and a separate subsequent clause takes the remainder away, remainder is vested (subject to divestment by condition subsequent)
2. created in favor of person unborn or unascertained
Condition precedent- makes remainder contingent
(if condition is incorporated into clause which gives gift to remainderman, remainder is contingent)
Condition subsequent- makes remainder vested
(but if one clause created remainder and a separate subsequent clause takes the remainder away, remainder is vested (subject to divestment by condition subsequent)
