REMAINDER

The difference of two quantities left after the le is subtracted from the greater. Remainder. A remainder, in Law, is a future estate in lands, tenements, or hereditaments, limited to arise after the determination of another estate; as if land be granted to A. for twenty years, and afterwards to B. and his heirs for ever, B. has a remainder in fee. An estate in reversion is the residue left in the grantor, to commence in po e ion after the determination of some particular estate granted cut by him; as if A. being seised in fee-simple, gives to B. and his heirs male of his body (thus creating an estate tail), on the failure of such heirs male the land given reverts to A., who, therefore, prior to such failure, has an estate in reversion in the lands. Remainders are either vested, or cotttinfrent j vested or executed, where the estate is invariably fixed, to remain to a determinate person after the preceding estate (called the particular estate) is spent. In this case, the remainder man has a present interest, to be enjoyed in fuluro. Contingent remainders, otherwise called executory, are defined to be " where the estate in remainder is limited to take effect either to an uncertain person, or upon an uncertain event; so that the particular estate may chance to be determined, and the remainder never take effect " The doctrines of law with reference to these estates have gradually been moulded into a system so intricate, and replete with the most refined distinctions, that it would be impo ible to give a cursory view of this branch of our jurisprudence. An instance of a vested remainder is to be found in the example before cited of an estate granted to one party for a term of years, and afterwards to another in fee-simple. A contingent remainder limited to an uncertain person is where, for instance, there is an estate to A. for life, and afterwards to B.'s eldest son (then unborn). And in order to prevent the accumulation of future po ible estates, the rule of law is, that no limitation by way of remainder or executory devise (?. e. a grant of a contingent remainder by will) shall be good which is to take effect after the determination of a life or lives in being and 21 years (the period of minority) afterwards. An instance of a contingent remainder limited on an uncertain event is where land is given to k. for life, and in case B. survives A, then to B. in fee. The particular estate, which precedes (in legal language supports) a vested remainder, may be either of years, or of freehold: to support a contingent remainder it must nece arily be of freehold. [s. 1053]