REMAINDERMAN remainderman. A person who holds or is entitled to receive a remainder. Also termed remainderer; remainderperson; remainor.

. [Cases: Remainders 1.C.J. . Estates !! "#$"1% ""% "&% '1$'(.) REMAINDER IN*ERE * remainder interest. *he propert+ that passes to a ,ene-iciar+ a-ter the e.piration o- an intervenin/ income interest. 0 1or e.ample% if a grantor places real estate in trust with income to A -or li-e and remainder to 2 3pon A4s death% then 2 has a remainder interest. REMAINDER remainder. 5ropert+. 1. A -3t3re interest arisin/ in a third person that is% someone other than the estate4s creator% its initial holder% or the heirs o- either who is intended to ta6e a-ter the nat3ral termination o- the precedin/ estate. 0 1or e.ample% if a grant is to A for life, and then to B, B's future interest is a remainder. I- there is onl+ one precedin/ estate and the remainder vests on that estate4s e.piration% the remainder is also termed an e.ec3ted estate. Also termed remainder estate; estate in remainder. C-. E7EC8*9R: IN*ERE *; RE<ER I9N; 59 I2I=I*: 91 RE<ER*ER. [Cases: Remainders 1. C.J. . Estates !! "#$"1% ""% "&% '1$'(.) Whether a remainder is vested or contingent depends upon the language employed. I- the conditional element is incorporated into the description o-% or the /i-t to the remainder>man% then the remainder is contin/ent; ,3t if, after words giving a vested interest, a clause is added divesting it, the remainder is vested. *h3s% on a devise to A. -or li-e% remainder to his children% ,3t i- an+ child dies in the li-etime o- A. his share to /o to those who s3rvive% the share o- each child is vested% s3,?ect to ,e divested ,+ his death. 23t on a devise to A. -or li-e% remainder to s3ch o- his children as s3rvive him% the remainder is contin/ent.@ John Chipman Ara+% *he R3le A/ainst 5erpet3ities BB C1''BD. E8nder the names o- Fremainders4 and Fe.ec3tor+ limitations%G vario3s classes o- interests in land co3ld ,e created in e.pectanc+% either at the Common =aw or 3nder the tat3te o8ses. *he di--erences ,etween the two classes were hi/hl+ technical; and the learnin/ involved in acH3irin/ a 6nowled/e o- the r3les o- determinin/ them [is) H3ite o3t oproportion to the val3e o,tained.@ Edward Jen6s% *he 2oo6 o- En/lish =aw (BI C5.2. 1airest ed.% Bth ed. 1&B"D. accelerated remainder.A remainder that has passed to the remainderman% as when the /i-t to the precedin/ ,ene-iciar+ -ails. [Cases: Remainders J. C.J. . Estates !! ""% '#.) alternative remainder.A remainder in which the disposition o- propert+ is to ta6e e--ect onl+ i- another disposition does not ta6e e--ect. charitable remainder. A remainder% 3s3. -rom a li-e estate% that is /iven to a charit+; -or e.ample% Eto Jane -or li-e% and then to the American Red Cross.@ [Cases: Internal Reven3e K1"(CID; *a.ation '"B. C.J. . Internal Reven3e ! JI(; *a.ation !! 1'"B$1'"'.)

contin/ent remainder. A remainder that is either /iven to an 3nascertained person or made s3,?ect to a condition precedent. 0 An e.ample is Eto A -or li-e% and then% i- 2 has married ,e-ore A dies% to 2.@ Also termed e.ec3tor+ remainder; remainder s3,?ect to a condition precedent. [Cases: Remainders 1% K. C.J. . Estates !! "#$""% "&% '1$'(% ''.) E8nli6e a vested remainder% a contin/ent remainder is either s3,?ect to a condition precedent Cin addition to the nat3ral e.piration o- a prior estateD% or owned ,+ 3nascertaina,le persons% or ,oth. 23t the contin/ent remainder% li6e the vested remainder% Fwaits patientl+G -or possession. It is so created that it can ,ecome a present estate Ci- ever it doesD immediatel+ 3pon% and no sooner than% the nat3ral e.piration o- partic3lar estates that stand in -ront o- it and were created sim3ltaneo3sl+ with it.@ *homas 1. 2er/in L 5a3l A. Mas6ell% 5re-ace to Estates in =and and 13t3re Interests "I C(d ed. 1&'KD. cross>remainder. A -3t3re interest that res3lts when partic3lar estates are /iven to two or more persons in di--erent parcels o- land% or in the same land in 3ndivided shares% and the remainders o- all the estates are made to vest in the s3rvivor or s3rvivors. 0 *wo e.amples o- devises /ivin/ rise to cross>remainders are C1D Eto A and 2 -or li-e% with the remainder to the s3rvivor and her heirs%@ and C(D E2lac6acre to A and Nhiteacre to 2% with the remainder o- A4s estate to 2 on A4s -ail3re o- iss3e% and the remainder o- 24s estate to A on 24s -ail3re o- iss3e.@ 0 I- no tenants or iss3e s3rvive% the remainder vests in a third part+ Csometimes 6nown as the 3lterior remaindermanD. Each tenant in common has a reciprocal% or cross% remainder in the share o- the others. *his t+pe o- remainder co3ld not ,e created ,+ deed 3nless e.pressl+ stated. It co3ld% however% ,e implied in a will. [Cases: Remainders 1. C.J. . Estates !! "#$"1% ""% "&% '1$'(.) E2+ a will also an estate ma+ pass ,+ mere implication% witho3t an+ e.press words to direct its co3rse.... o also% where a devise o- ,lac6>acre to A and o- white>acre to 2 in tail% and i- the+ ,oth die witho3t iss3e% then to C in -ee: here A and 2 have cross remainders ,+ implication% and on the -ail3re o- either4s iss3e% the other or his iss3e shall ta6e the whole; and C4s remainder over shall ,e postponed till the iss3e o- ,oth shall -ail.@ ( Nilliam 2lac6stone% Commentaries on the =aws o- En/land I'1 C1"BBD. de-easi,le remainder.A vested remainder that will ,e destro+ed i- a condition s3,seH3ent occ3rs. 0 An e.ample is Eto A -or li-e% and then to 2% ,3t i- 2 ever sells liH3or on the land% then to C.@ Also termed remainder s3,?ect to divestment. [Cases: Remainders 1#. C.J. . Estates !! ''$'&% &1$&(.) e.ec3ted remainder. ee vested remainder. e ecutory remainder. ee contin/ent remainder. indefeasible remainder. A vested remainder that is not s3,?ect to a condition s3,seH3ent; specif., a remainder in which the remainderman is certain to ac!uire a present interest sometime in the future and will be entitled to retain the interest permanently. Also termed inde-easi,l+ vested remainder; remainder inde-easi,l+ vested. remainder s3,?ect to a condition precedent. ee contin/ent remainder. remainder s3,?ect to divestment. ee de-easi,le remainder.

remainder s3,?ect to open.A vested remainder that is /iven to a class o- persons whose n3m,ers ma+ chan/e over time and that is to ,e shared eH3all+ ,+ each mem,er o- the class. 0 An e.ample is Eto A -or li-e% and then eH3all+ to all o- 24s children.@ *he class m3st have at least one mem,er% ,3t more can ,e added over time. Also termed remainder s3,?ect to partial divestment; remainder vested s3,?ect to open. vested remainder.A remainder that is /iven to an ascertained person and that is not s3,?ect to a condition precedent. 0 An e.ample is Eto A -or li-e% and then to 2.@ Also termed e.ec3ted remainder. [Cases: Remainders 1. C.J. . Estates !! "#$"1% ""% "&% '1$ '(.) (. *he propert+ in a decedent4s estate that is not otherwise speci-icall+ devised or ,eH3eathed in a will. ee resid3ar+ estate 3nder E *A*ECID. [Cases: Nills J'B. C.J. . Nills !! 11"B$11"&% 11'K.) REMAINDER 2EO8E * remainder ,eH3est. ee resid3ar+ ,eH3est 3nder 2EO8E *. REMAINDERER remainderer. ee REMAINDERMAN. REMAINDER E *A*E remainder estate. ee REMAINDERC1D. REMAINDER INDE1EA I2=: <E *ED remainder inde-easi,l+ vested. ee inde-easi,le remainder 3nder REMAINDER. REMAINDER IN*ERE * remainder interest. *he propert+ that passes to a ,ene-iciar+ a-ter the e.piration o- an intervenin/ income interest. 0 1or e.ample% if a grantor places real estate in trust with income to A -or li-e and remainder to 2 3pon A4s death% then 2 has a remainder interest. REMAINDERMAN remainderman. A person who holds or is entitled to receive a remainder. Also termed remainderer; remainderperson; remainor. [Cases: Remainders 1.C.J. . Estates !! "#$"1% ""% "&% '1$'(.) 3lterior remainderman.A third part+ whose -3t3re interest in a propert+ vests onl+ i- all the precedin/ reciprocal interests e.pire. ee cross>remainder 3nder REMAINDER. REMAINDER 82JEC* *9 5AR*IA= DI<E *MEN* remainder s3,?ect to partial divestment. ee remainder s3,?ect to open 3nder REMAINDER. REMAINDER <E *ED 82JEC* *9 95EN remainder vested s3,?ect to open. ee remainder s3,?ect to open 3nder REMAINDER.

REMAIN9R remainor%n. ee REMAINDERMAN.