Popp v. Bond
Florida Supreme Court
28 So. 2d 259 (1946)
Relevant factsFree
A will left a life estate to Lucile Franke, with remainder interests to her children and to a seminary; Lucile and her husband, the Popps (plaintiffs), sought to sell the land in fee simple to Bond (defendant), who refused to pay absent a court order declaring title merchantable, since Lucile's yet-unborn children might hold contingent remainder interests. The trial court found the title not merchantable, and Popp appealed.
IssueFree
Whether a contingent remainder may be extinguished if the estate upon which the interest depends is destroyed before the contingency happens.