Cross Remainders - Definition - Law Dictionary Home Dictionary Definition cross-remainders

Definition :

Cross-remainders, reciprocal contingencies of succession, which may be implied in a will but must always be expressed n a deed, and should be expressly limited in a will.

The broad rule is, that wherever realty is devised to several persons in tail as tenants-in-common, and it appears to be the testator's intention that nopart should go over until the failure of the issue of all the tenants-in-common, they take cross-remainders in tail amongst themselves. The effect of the limitation is tht on the death of any of the class of beneficiaries entitled to cross remainders intail, then upon failure of his or her issue, his or her share and any share which he or she or such issue may have taken by accrual will be divided equally among the others of the class. See Theobald on Wills.