Remainder

An estate limited to take effect and be enjoyed after another estate is determined.' As, in the case of a grant of lands to A for twenty years, and, a-fter the determination of that term, to B and his heirs forever. Here A is tenant for years, remainder to B in fee.^ A remnant of an estate in land, depending on a particular prior estate, created at the same time, and by the same instrument, and limited to arise immediately on the determination of that estate, and not in abridgment of it. 2 Generally used of landed property, but there may be a remainder in peisonalty.^ Remainder-man. The owner or tenant of an estate in remainder. There must be a "particular" estate precedent to the estate in remainder; and the remainder itself must commence or pass out of the grantor at the time of the creation of the particular estate, and vest in the grantee during the continuance of such estate or the instaut it determines.* Contingent remainder. Where the estate is limited to take effect as to a dubious and uncertain person or upon a dubious and uncertain event; sp that the particular estate may chance to be determined and the remainder never take effect. Called also an executory remainder, for by it no present ititerest passes.

Vested remainder

Where the estate is invariably fixed, to remain to, a determinate person, after the particular estate is spent. Called also a remainder executed, since by it the present interest which passes is to be enjoyed in the future. ^ Cross-remainder. Where a devise is of black-acre to A and of white-acre to B in tail, and, if both die without issue, to C in fee,

A and B have "cross-remainders" by implication

and on the failure of either's issue, the other or his issue will take the whole; and C's remainder over is postponed till the issue of both shall fail." ' Si Bl. Com. 163.

2 4 Kent, 197; Bennett v. Garlock, 10 Hun, 337 (1877). ' In Connecticut, may be of realty or personalty, Bristol «.

Bristol, 53 Conn. 878 (1885). < 2 Bl. Com. 165-69. * [2 Bl. Com. 168-69; Doe's Case, 6 Wall., post. A cross-remainder cannot arise in deeds without express limitation, i It is the uncertainty of the right of enjoyment, not of its actual enjoyment, which i-enders a remainder " contingent." The present capacity of taking effect in possession, if the possession were to beconie vacant, distinguishes a vested froin a contingent remainder, and not the certainty that the possession will ever become vacant while the remainder continues.^ A remainder is " vested " when there is a person in being who would have an immediate right to the possession upon the ceasing of the intermediate particular estate. It is an estate grantable by any of the conveyances operating by force of the Statute of Uses. A remainder limited upon an estate-tiiil is a vested remainder. A remainder is never held to be contingent when, consistently with the intention, it can be held to be vested." A contingent remainder, amounting to a freehold, cannot be limited to an estate less than freehold. It may be defeated by the determination or destruction of the particular estate before the contingency happens. Hence, trustees are appointed to preserve such remainders.^ The law will not construe a limitation in a will an executory devise when it can take effect as a remainder, nor a remainder to be contingent when it can be taken to be vested. The rule is, an estate vests at the earliest possible pei'iod, unless there is a clear manifestation of the intention of the testator to the contrary.* "Where," "there," "after," "from," and other adverbs of time, used in a devise of a remainder, are construed to relate to the time of the enjoyment qf the estate, not to the time of the vesting in interest. Where there is a devise to a class of persons to take effect at a future period, the estate vests in the persons as they come in esse, subject to open and let in others as they are born afterward. An estate once vested will not be devested unless the intent to devest clearly appears.' See Then; Ween. Words directing that laud be conveyed or divided among remainder-men, after the termination of a particular estate, are always presumed, unless clearly controlled by other provisions of the will, to relate to the beginning of enjoyment by the remainder-men, and not to the vesting of a title in them.*, ' a Bl. Com. 381; Hall v. Priest, 6 Gray, IS (1836), Bigelow, J.; 8 Washb. R. P. 233; 4 Kent, 201; 1 Prest. Est. 94. ' 4 Kent, 202-6. 'Croxall V. Shererd, 5 Wall. 287-88 (1866), cases, Swayne, J. See also Scott v. West, 63 Wis. 589, 564-65 (1885), cases; Mercantile Bank of New York v. Ballard, 83 Ky. 487-88 (1885); Farnam v. Farnam, 63 Conn. 878-83 (1885), cases. *Do6 V. Con.sidine, 6 Wall. 474-78 (1867), cases, Swayne, J. See also Cropley v. Cooper, 19 Wall. 176 (1873), oases; Mc Arthur v. Scott, 113 U. S. 379-80 (1885), cases; 8 Conn. *m9: 66 Ga. 472-73; 26 N. J. L. 540; 5 Paige, 466; 26 Barb. 224; 37 Pa. 28; 75 id. 220; 83 id. 483. When the income of property is devised to A during his life, remainder to B, the interest of B becomes vested at the death of the testator, even though A should have died before the testator. ' If a remainder created by will cannot take effect, the property, according to circumstances, will either fall into the residuum or remain undisposed of. If an executory devise cannot take effect, the estate, ordinarily, unless the will directs otherwise, will continue in the first taker.* See Abeyance; Devise, Executory; Eevbrsion; Shelley's Case; Waste, 2.