REMAINDER

The remnant of an estate in land, depending upon 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 4 Kent, Comm. 197. An estate limited to take effect and be enjoyed after another estate is determined. As, if a man seised in fee simple grants lands to A. for twenty years, and, after the determination of the said term, then to B. and his heirs forever, here A. is tenant for years, remainder to B. in fee. 2 Bl. Comm. 164. An estate in remainder is one limited to be enjoyed after another estate is determined, or at a time specified in the future. An estate in reversion is the residue of an estate, usually the fee left in the grantor and his heirs after the determination of a particular estate which he has granted out of it The rights of the reversioner are the same as those of a vested remainder man in fee. Contingent remainder. An estate in remainder which is limited to take effect either to a dubious and uncertain person, or upon a dubious and uncertain event, by which no present or particular interest passes to the remainder man, so that the particular estate may chance to be determined and the remainder never take effect. 2 Bl. Comm. 169. A remainder limited so as to depend upon an event or condition which may never happen or be performed, or which may not happen or be performed till after the determination of the preceding estate. Cross remainder. 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 all 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. Executed remainder. A remainder which vests a present interest in the tenant, though the enjoyment is postponed to the future. 2 Bl. Comm. 168; Fearne, Rem. 31; Hudson v. Wadsworth, 8 Conn. 359. Executory remainder. A contingent remainder; one which exists where the estate is limited to take effect either to a dubious and uncertain person or upon a dubious and uncertain event. Temple v. Scott 143 111. 290, 32 N. E. 366; Hudson v. Wadsworth, 8 Conn. 359. Vested remainder. An estate by which a present interest passes to the party, though to be enjoyed in futuro, and by which the estate is invariably fixed to remain to a determinate person after the particular 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. Remainder to a person not of a capacity to tahe at the time of appointing it, is old. Plowd. 27.