vested remainder

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.

The accepted definition of a vested remainder is, that it is one that throughout its continuance gives to the remainderman or his heirs the right to the immediate possession, whenever and however the preceding estate may determine. There must be some certain defined person in being and ascertained who answers the description of remainderman at some time during the continuance of the particular estate and not merely at the time fixed

An estate by which a present interest passes to the party, though to he enjoyed tn futuro, and by which the estate is invariably fixed to remain to a determinate person after the particniar estate has been spent. 2 Bl. Comm. 168. A vested remainder is one limited to a certain person at a certain time or upon the happening of a necessary event. Code Ga. § 2265. And see Poor v. Co.nsidine, 6 Wall. 474, 18 In Ed. 869; Tayloe v. Gould, 10 Barb. (N. Y.) 396j Johnson v. Edmond, 65 Conn. 492, 33 Atl. 503; Marvin v. Ledwith, 111 III. 150; Wallace v. Minor, 86 Va. 550, 10 S. E. 423; Woodman v. Woodman, 89 Me. 128, 35 Atl. 1037; Brown v. Lawrence, 3 Cush. (Mass.) 397. Remainder to a person not of a capacity to take at the time of appointing it, is void. Plowd. 27.

Defined under Remainder in Black's Law Dictionary.