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Simple English definitions for legal terms
contingency with a double aspect
Read a random definition: coconspirator's exception
A quick definition of contingency with a double aspect:
A contingency with a double aspect is when there are two possibilities for who will get a piece of property after someone else dies. For example, if someone leaves their property to their friend for their lifetime, and then to their friend's children, but if their friend doesn't have any children, then the property goes to someone else. This is called a contingent remainder with a double aspect. It means that there are two options for who will get the property, depending on what happens.A more thorough explanation:
Definition: Contingency with a double aspect is a type of remainder in which a contingent remainder exists along with a second remainder. The second remainder takes effect only if the first one fails. For example, "to A for life, and if A has children, then to the children and their heirs forever; and if A dies without children, then to B and B's heirs forever."
This means that if A has children, they will inherit the property after A's death. However, if A dies without children, then B will inherit the property. This is an example of a contingency with a double aspect because there are two possible outcomes depending on whether A has children or not.
Other types of remainders include:
- Vested Remainder: A remainder that is given to an ascertained person and is not subject to a condition precedent. For example, "to A for life, and then to B."
- Contingent Remainder: A remainder that is either given to an unascertained person or made subject to a condition precedent. For example, "to A for life, and then, if B has married before A dies, to B."
- Defeasible Remainder: A vested remainder that will be destroyed if a condition subsequent occurs. For example, "to A for life, and then to B, but if B ever sells liquor on the land, then to C."
- Charitable Remainder: A remainder, usually from a life estate, that is given to a charity. For example, "to Jane for life, and then to the American Red Cross."
These examples illustrate the different types of remainders that can exist in property law. Each type has its own set of rules and conditions that must be met for the remainder to take effect.