Conrad wills the family estate to his first son Michael with the provision that if Michael were to divorce in the future, title will pass to Conrad’s second son, Bret. This is an example of a(n):
Correct Answer
D) condition subsequent.
The scenario describes a condition subsequent because Michael receives the estate immediately (present ownership is conveyed), but a future event — divorce — would cause title to shift to Bret, defeating Michael's estate. This is the classic structure of a fee simple subject to condition subsequent or, more precisely here, a fee simple subject to an executory limitation (since title passes to a third party, Bret, rather than reverting to the grantor). The key indicator is that ownership vests in Michael first and is later defeated by the specified condition.
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