Cross Remainder

A species of remainder created out of a tenancy in common. When lands are given to two or more, as tenants in common, it frequently happens that a particular estate is limited to each of the grantees in his share, with remainder over to the other or others of them, — as if a man give lands to his two children as tenants in common in tail, and direct that upon failure of the issue of one of them, his share shall go over to the other in tail, and vice versa.

— Such ulterior estates as these are called cross remainders, because each of the grantees has reciprocally a remainder in the share of the other; and it is a rule respecting them that in a deed they can be given only by express limitation, and shall never be implied; though it is otherwise with respect to wills, which are expounded more liberally, with a view to the presumable intent of the donor;

— for in these cross remainders may be raised not only by actual limitation, but by any expression from which the design to create them can reasonably be inferred.

1 Steph. Com. 326, 327.

So where a devise is of black-acre to A., and of white-acre to B., in tail, and if they both die without issue, then to C. in fee; here A. and B. have cross remainders by implication, and on the failure of either's issue, the other or his issue shall take the whole.

2 Bl. Com. 381. See 2 Crabb's Real Prop. 972, § 2339, et seq. 1 Preston on Est. 94, 116. 2 Powell on Devises, 604, ch. xxxi. 4 Kent's Com. 210. 1 Hilliard's Real Prop. 660.