Legal Definition and Related Resources of Remainder

That expectant portion , remnant or residue of interest which, on the creation of a particular estate , is at the same time limited over to another, who is to enjoy it after the determination of such particular estate. Remainders may be either vested or contingent. A remainder is vested where the estate is invariably fixed to remain to a determined person after a particular estate is spent. It is said to be contingent or executory where the estate in remainder is limited to take effect either to a dubious and uncertain person, or, upon a dubious and uncertain event ; so that the particular estate may never be determined, and the remainder never take effect. It may also be contingent where the person to whom it is limited is fixed and uncertain, but the event upon which it is to take effect is vague and uncertain. By its very nature there can be no remainder after a grant in fee simple . There is also another classification of remainder, namely , a cross remainder where land is devised or conveyed to two persons in undivided shares for particular estates, with a condition that upon the determination of the particular estate in one person then the whole of the land vests in the other and vice versa, it not being known as to which one of such persons will become the remainderman .

The remnant of an estate in lands or tenements expectant on a particular estate created together with the same at one time. Co. Litt. 143a. To constitute a valid remainder at common law, the estate in remainder must be created (1) on purchase (2 Washb. Real Prop. 586) ; (2) at the same time with a particular estate (2 Bl. Comm. 167) ; (3) less than a fee (Id. 164) ; and (4) must vest in the grantee during the continuance of the particular estate, or eo instanti that it determines, so that the freehold shall not remain in abeyance (Id. 168) ; but (5) the remainder must rest on the natural termination of the particular estate, and not be in defeasance of it (Fearae, Cont. Rem. 13). In the United States. The term “remainder” is applied to various estates in expectancy, limited on precedent estates which do not fulfill all the requirements of the common law. Remainders are either vested or contingent.
(1) A vested remainder is one by which a present interest passes to the party, though to be enjoyed in the future, and by which the estate is invariably fixed to remain to a determinate person after the particular estate is spent. A determinate remainderman in esse at the time of its creation is essential to a vested remainder. A future estate is vested where there is a person in being who would have an immediate right to the lands on the ceasing of the immediate or precedent estate. 1 Rev St. N. Y. c. 1, tit. 2, § 13. This definition has been justly criticised so far as it is intended to be declaratory of the common law, in that it omits the essential that the person who shall take the remainder shall be ascertained before the termination of the particular estate.
(2) A contingent remainder is one where the estate in remainder is limited to take effect either to a dubious and uncertain person, or upon a dubious and uncertain event, so that the particular . estate may chance to be determined, and the remainder never take effect 2 Bl. Comm. 169. A remainder which, as regards the possession or enjoyment, depends on a contingency other than the survival of the reREMAINDERMAN mainderman. Smith, Ex. Int. § 171. It is not the uncertainty of enjoyment in future, but the uncertainty of the right to that enjoyment, which marks the difference between a vested and a contingent interest. 4 Kent, Comm. 206; 2 Cruise, Dig. 270.

(Estate in property), noun

• estate
• excess
• expectancy
• interest
• property
• residualestate
• reversionary estate
• surplus
• Associated Concepts: contingent remainder
• vestedremainder

(Remaining part), noun

• balance
• carryover
• excess
• leftover
• overplus
• quod restat
• reliquum
• remaining portion
• remains
• residuals
• residue
• residuum
• rest
• reversion
• superfluity
• surplus

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Remainder in Historical Law

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Mentioned in these terms

Balance, Base Fee, Contingent Remainder, Double Possibility, Easement, Entail, Estate, Estate In Expectancy, Expectant Heir, First Devisee, Limitation, Pretenced Right Or Title, Release, Remainderman, Resettlement, Reversion
, Severance Damage, Rule In Shelley’s Case, Specific Performance, Splitting A Cause Of Action, Surplus, Surrender, .

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This definition of Remainder is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

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Concept of Remainder in the context of Real Property

Alternatives definitions of Remainder: (1) An estate which vests in one other than a grantor, after the termination of an intermediate estate. Example: A grants land to B for life, then to C, his heirs or assigns. If A grants to B for life, then back to A, it is not a remainder, but reversion. (2) The portion of a property remaining after a taking under eminent domain.

Concept of Remainder in the context of Real Property

Alternatives definitions of Remainder: (1) An estate which vests in one other than a grantor, after the termination of an intermediate estate. Example: A grants land to B for life, then to C, his heirs or assigns. If A grants to B for life, then back to A, it is not a remainder, but reversion. (2) The portion of a property remaining after a taking under eminent domain.

Remainder