Remainder - Law Dictionary Search Results
Home Dictionary Name: remainderRemainder
Remainder [fr. remanentia, Lat.], that expectant portion, remnant, or residue of interest which, on the creation of a particular estate, is at the same time limited over to another, who is to enjoy it after the determination of such particular estate.After 1925 remainders can operate only as equitable interests, and in that manner they can be created in respect of personality as well as realty. The follow-ing explanation of legal remainders has been retained as relating to titles to land existing before 1926, and see (English) Law of Property Act, 1925, s. 4, as to the construction of equitable interests.A remainder may be limited in all freehold estates, but not strictly and technically in chattels real and personal, although these may be limited over after a previous limitation or a partial interest in them. It may be limited by way of use (which is, in practice, the usual method), as well as by a conveyance deriving its effect from the Common Law.In the same land there may at the sa...
Contingent remainder
Contingent remainder, a remainder limited so as to depend on an event or condition which may never happen or be performed, or which may not happen or be performed till after the determination of the preceding estate, Fearne, Cont. Remainders.The legal estate in contingent remainders has been abolished by the Law of Property Act, 1925, s. 1. S. 4, whoever, provides that they can take effect as equitable interests, and any instrument creating a contingent remainder has become a settlement under s. 1 (ii) of the (English) S.L. Act, 1925. See SETTLED LAND.In Smith d. Dormer v. Parkhurst, (1740) 18 Vin. Abr. 413; 6 Bro. Cas. Par. 351, the Court held that, in every case where an estate is given to A. for life, the grantor has an interest remaining in him to enter upon the estate, if it should determine by any act of the tenant amounting to a forfeiture; that this right is inherent in the grantor, from the nature of the estate itself, and may be conveyed to trustees; and that, when it is conv...
remainder
remainder [Anglo-French, from Old French remaindre to remain] 1 : an estate in property in favor of one other than the grantor that follows upon the natural termination of a prior intervening possessory estate (as a life estate) created at the same time and by the same instrument compare future interest at interest, reversion charitable remainder : a remainder in favor of a charity contingent remainder : a remainder that is to take effect in favor of an unidentifiable person (as one not yet born) or upon the occurrence of an uncertain event called also executory remainder cross remainder : either of two or more remainders in favor of two or more persons so that upon the termination of one remainder that share goes to the other or others executory remainder : contingent remainder in this entry remainder vested subject to open : a vested remainder that is subject to diminution by the shares of other remaindermen (as children born later) vested remainder : a remainder in the fa...
Vested remainder
Vested remainder, an expectant estate, which is limited or transmitted to a person who is capable of receiving the possession, should the particular estate happen to determine: as a limitation to A. for life, remainder to B. and his heirs; here, as B. is in existence he is capable (or his heirs, if he die) of taking the possession whenever A.'s death may occur. A vested estate may take effect though the preceding estate be defeated, as when an infant makes a lease for life with a remainder over, and on majority he disagrees to the estate for life, but not with the remainder; the remainder is good, having been duly vested by a god title. See Fearne, C.R. 308; 1 Steph. Com.The person who is entitled to a vested remainder having a present vested right of future enjoyment, i.e., an estate in pr'senti, to take effect in possession and pernancy of the profits in futuro, can transfer, alien, and charge it much in the same manner as an estate in possession, 2 Cru. Dig. 204.Interests in remaind...
Cross-remainders
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....
charitable remainder
charitable remainder see remainder ...
contingent remainder
contingent remainder see remainder ...
cross remainder
cross remainder see remainder ...
destructibility of contingent remainders
destructibility of contingent remainders :a now largely abolished rule in the law of estates that a contingent remainder that fails to vest upon the termination of the preceding estate is destroyed see also executory interest at interest ...
executory remainder
executory remainder see remainder ...
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