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 im mediately on the determination of that es tate and not in abridgment of it. 4 Kent 197. See Will. Real P. 282.
A contingent remainder is one which is limited to an uncertain or dubious person, or which is to take effect on an event or con dition which may never happen or be per formed, or which may not happen or be per formed till after the determination of the preceding particular• estate.
A vested remainder is one by which a pres ent interest passes to the party, tho,ugh per haps to be enjoyed in future, and by which the estate is invariably fixed to remain -to a determinate person after the particular es tate has been spent.
There are four classes of contingent re mainders. 1. Where the remainder depends on a contingent determination of the preced ing estate, and it remains uncertain whether the use or estate limited in future will ever vest. 2. Where the contingency on which the remainder'is to take effect is independent of the determination of the preceding estate and must precede the remainder. 3. Where the condition upon which the remainder is limited is certain in event, but the determina tion of the particular estate may happen be fore it. 4. Where the person to whom the remainder is limited is not ascertained or not in being. 4 Kent 207, quoting Fearne, Cont.
Rem.
They are divided by Blackstone into two kinds. 1. Remainders limited to take effect to a dubious and uncertain person, or 2. Up on a dubious or uncertain event ; and by Lord Ch. J. Willes into, 1. Where the per son to whoni the remainder was limited is not in ease. 2. Where the commencement of the remainder depended on some matter 'col lateral to the determination of the particu lar estate; Willes 327; 4 Kent 207, find note, where the classification of Blackstone is ap proved.
There are exceptions to the third and fourth classes of contingent remainders, as enumerated by Fearne, as, a limitation for a long term of years with remainder over gives a vested remainder ; and where one takes an estate of freehold and an immediate remainder is limited thereon in the same In strument to his heirs in fee or in tail, the remainder is immediately executed in pos session and he becomes seised in fee or in tail. 4 Kent-209. See SHELLEY'S CASE, RULE IN.
The rule that where there is a possibility upon a possibility, the remainder Is void ; 2 Co. 51; is said to be obsolete ; 4 Kent 206, n.; 2 H. L. Cas. 186.
See CONTINGENT REMAINDER; CROSS-RE MAINDER; EXECUTORY DEVISE; LIMITATION; REVERSION.