Formerly, any determination of the particular estate before a legal remainder vested, destroyed the contingent remainder. The contingent remainder might fail not only through the contingency not happening till after the expiration of the particular estate, but through its de struction by the surrender of the tenant for life, or by the forfeiture of his estate during the existence of the contingency. The intermediate contingent remainder was also destroyed if the particular estate and the next vested estate of freehold became united by the conveyance or act of the parties, so that the particular estate was merged. Now, however, it has been enacted by the statute 8 & 9 Viet. c. 106, that contingent remainders shall be capable of taking effect, notwithstand ing the determination by forfeiture, surrender, or merger of any pre ceding estate of freehold.
A contingent remainder of an estate of inheritance is descendible to the heirs of an ascertained person to whom it is limited, if such person should die before the contingency happens, and it will vest if the same should happen during the continuance of the particular estate. Con tIngent remainder' were once not considerel devisable, but it was afterwards determined that they were devisable whenever they were dercentlible to the heirs of the persona to whom they were limited ; and under the ''acute 1 Viet. c. 26, they are devisable in common with all contiugent, executory, or other future interests in any real or personal estate.
Though a fee cannot be limited after a fee as a remainder, two or more contingent fees may be limited in the alternative, so that one only shall take effect.
Interests in chattels real and personal are eusceptible of .limitatIona over after the limitation of some partial interest m them ; but from the nature of those interests they are incapable of such extensive modifications as freehold interests iu land, and they cannot be operated upon by the Statute of Used. Originally a bequest of a term of years
to a man for his life was an absolute gift of the Adele term, and the donee might dispose of the whole interest as he pleased; but at present a bequest of such term to A for life, and after his death to B, Is a bequest of the whole term to A, subject teen executory bequest to II, to take effect If A dies before the expiration of the term. It is net a particular estate to A for life and a remainder to 13. Any disposition of it chattel, which in the case of lands would make an estate tail, giver the whole intereet. Thus if the second bequest of the term of years were to II and the heirs of his body, B would take the whole interest.
An executory devise is such a limitation of a future estate in lands, and an executory bequest is such a limitation of a future interest in chattels, as are allowed iu the case of a will, though not in convey ance-5 at common law. Accordingly a fee may be limited after a fee in a will or by way of use upon contingencies which may happen within certain limits of time ; and such limitations take effect as executory devises or springing or shifting uses. But when future estates are so limited by devise as to ho comprehended within the apply to contingent remainders, they will be considered as such, and not as executory devises.
The subject of contingent remainder' is fully discussed in the elaborate Essay of }'carne ou Contingent Remaiuders and Executory Devises ;' see also I (aye', On Conveyancing, Appendix.