Remainder

(1) Source: Wikipedia: The Free Encyclopedia. “Remander (law).” Online at en.wikipedia.org/wiki/Remainder_(law) (accessed 2019-01-10).

Remainder: In property law of the United Kingdom and the United States and other common law countries, a remainder is a future interest given to a person (who is referred to as the transferee or remainderman) that is capable of becoming possessory upon the natural end of a prior estate created by the same instrument. 

(2) Source: Tomlins, Thomas Edyline. A Popular Law Dictionary. "Remainder" (pg. 478). London: Longman, Orme, et al, 1838. Transcribed by Alison Kilpatrick.

Transcript:

  REMAINDER, is an estate limited in lands, tenements, or rents, to be enjoyed after the expiration of another intervening, or, as it is technically termed, “particular” estate.

  An estate in remainder is 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 one for twenty years, and, after the determination of the said term, then to another and his heirs for ever; here the former is tenant for years, remainder to the latter in fee. In the first place, an estate for years is created or carved out of the fee, and given to the former, and the residue and remainder of it is given to the latter. Both their interests are, in fact, only one estate; the present term of years, and the remainder afterwards, when added together, being equal only to one estate in fee. (2 Black. C. 11.) Remainders are either vested or contingent. Vested remainders, or remainders executed, are those by which a present interest passes to the party, though to be enjoyed in future, and by which the estate is invariably fixed to remain to a determinate person after the particular estate is spent; as if A. be tenant for years, remainder to B. in fee; hereby B.’s remainder is vested, which nothing can defeat or set aside. So, where an estate is conveyed to A. for life, remainder to B. in tail, remainder to C. in tail, with any indefinite number of other remainders over in tail to persons in esse, all these remainders are vested. The person entitled to a vested remainder has an immediate fixed right of future enjoyment, that is, an estate in præsenti, though it is not to take effect in possession, with primary profits, till a future period; and such an estate may be transfered [sic], aliened, and charged, much in the same manner as an estate in possession. It is not the uncertainty of ever taking effect in possession that makes a remainder contingent, for to that every remainder for life or in tail is and must be liable, as the remainder-man may die, or die without issue, before the death of the tenant for life. The present capacity of taking effect in possession, if the possession were to become vacant, and not the certainty that the possession will become vacant before the estate limited in remainder determines, universally distinguishes a vested remainder from one that is contingent. (Fearne, 215.)

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"The past is a foreign country; they do things differently there."—Lesley Poles Hartley (1895–1972), The Go-Between (1953).

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