Module 9 - Other Equitable Interests
Clearly, the interest of A's children started off as an equitable executory
interest, since T's title was equitable. But it became a legal contingent
remainder by the rule in Purefoy v. Rogers once the mortgage was discharged,
since that involved a reconveyance of the legal title to T's estate.
However, although it became a legal contingent remainder, the courts have
held that it should be treated as indestructible, since it started out as
such. See: Re Freme, [1891] 3 Ch. 167.
A's life estate and T's estate's reversion also started out as equitable,
but became legal when the mortgage was discharged.
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