Cross Remainder

Where a particular estate is conveyed to several persons in common, and, upon the termination of the interest of either of them, his share is to remain over to the rest, and the reversioner or remainder man is not to take till the termination of all the estates, the parties take as tenants in common, vsrith cross remainders between them. 4 Cruise, Dig. 249; 1 Hilliard, Real Prop. 650. It is not an essential quality of cross remainders that the original estates should be held in common. 1 Prest. Est. 94; 2 Washb. Real Prop. Index.

Where a particular estate is conveyed to several persons in common, or various parcels of the same land are conveyed to several persons in severalty, and upon the termination of the interest of either of them his share is to go in remainder to the rest, the remainders so limited over are said to be cross-remainders. In deeds, such remainders cannot arise without express limitation. In wills, they frequently arise by implication; 1 Prest. Est. 94; 2 Ililliard, R. P. 44; 4 Kent 201; Chal. R. P. 241.

Where land is devised or conveyed to two or more persons as tenants in common, or where different parts of the same land are given to such p'ersons in severalty, with such limitations that, upon the determination of the particular estate of either, his share is to pass to the other, to the entire exclusion of the ultimate remainder-man or reversioner until ali the particular estates shall be exhausted, the remainders so limited are called "cross-remainders." In wills, such remainders may arise by implication; but, in deeds, only by express limitation. See 2 Bl. Comm. 381; 2 Washb. Real Prop. 233; 1 Prest. Est. 94.

Defined under Remainder in Black's Law Dictionary.

Where land is devised or conveyed to two or more persons as tenants in common, or where different parts of the same land are given to such ‘persons in severalty, with such limitations that, upon the determination of the particular estate of either, his share is to pass to the other, to the entire exclusion of the ultimate remainder-man or reversioner until all the par- EN ticular estates shall be exhausted, the remainders so limited are called “cvoss-remainders.” In wills, such remainders may arise by implication; but, in deeds, only by express eee limitation. See 2 Bl. Comm. 381; 2 Washb. Real Prop. 233; 1 Presb. Est, 94. ee

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.