Re`main´der Pronunciation: r?-m?n´d?r
|n.||1.||Anything that remains, or is left, after the separation and removal of a part; residue; remnant.|
|2.||(Math.) The quantity or sum that is left after subtraction, or after any deduction.|
|3.||(Law) An estate in expectancy, generally in land, which becomes an estate in possession upon the determination of a particular prior estate, created at the same time, and by the same instrument; for example, if land be conveyed to A for life, and on his death to B, A's life interest is a particuar estate, and B's interest is a remainder, or estate in remainder.|
|a.||1.||Remaining; left; left over; refuse.|
REMAINDER, estates. The remnant of an estate in lands or tenements expectant
on a particular estate, created together with the same, at one time. Co.
Litt. 143 a.
2. Remainders are either vested or contingent. A vested remainder is
one by which a present interest passes to the party. though to be enjoyed in
future; and by which the estate is invariably fixed to remain to a
determinate person, after the particular estate has been spent. Vide 2 Jo
ins. R. 288; 1 Yeates, R. 340.
3. A contingent remainder is one which is limited to take effect on an
event or condition, which may never happen or be performed, or which may not
happen or be performed till after the determination of the preceding
particular estate; in which case such remainder never can take effect.
4. According to Mr. Fearne, contingent remainders may properly be
distinguished into four sorts. 1. Where the remainder depends entirely on a
contingent determination of the preceding estate itself. 2. Where the
contingency on which the remainder is to take effect, is independent of the
determination of the preceding estate. 3. Where the condition upon which the
remainder is limited, is certain in event, but the determination of the
particular estate may happen before it. 4. Where the person, to whom the
remainder is limited, is not yet ascertained, or not yet in being. Fearne,
5. The pupillary substitutions of the civil law somewhat resembled
contingent remainders. 1 Brown's Civ. Law, 214, n.; Burr. 1623. Vide,
generally, Viner's Ab. h.t.; Bac. Ab. h. t; Com. Dig. h.t.; 4 Kent, Com.
189; Yelv. 1, n.; Cruise, Dig. tit. 16; 1 Supp. to Ves. jr. 184; Bouv. Inst.
, cross section
, equitable estate
, estate at sufferance
, estate for life
, estate for years
, estate in expectancy
, estate in fee
, estate in possession
, estate tail
, fee simple
, fee tail
, feudal estate
, future time
, legal estate
, next life
, paramount estate
, particular estate
, random sample
, something extra
, vested estate