vested remainder
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 73 U.S. 458 - Doe Lessee of Poor v. Considine · 1867Most cited · 209 citing opinions
A vested remainder is where a present interest passes to a certain and definite person, but to be enjoyed in futuro. There must be a particular estate to support it. The remainder must pass out of the grantor at the creation of the particular estate. It must vest in the grantee during the continuance of the estate, or eo instanti that it determines.
How often courts cite the cases defining “vested remainder”
Court decisions citing the 2 opinions that defined “vested remainder” — 296 in all, by decade. Counts are citations to the defining cases as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.
All 2 definitions, chronological · 1866–1867
- ORIGINAL
It is the present capacity to take effect in possession, if the precedent estate should determine, which distinguishes a vested from a contingent remainder.