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Question
Grantor conveys a farm "to Aunt for life, then to Cousin's heirs." At the time of the conveyance, Aunt and Cousin are alive. Cousin has two adult children, but Cousin's will leaves all property to a charity. Cousin dies before Aunt, survived by the two children. Aunt dies one year later. The charity argues that Cousin had a vested remainder because Cousin's children were identifiable when the conveyance was made and that Cousin's will should control. The children argue that the gift was not to Cousin, but to Cousin's heirs, and that no one could be Cousin's heir until Cousin died.
Assume the jurisdiction follows ordinary future-interest classification rules and has no special doctrine converting "heirs" into "children." Classify the future interest when Grantor made the conveyance and determine who takes when Aunt dies.