REM 



REM 



Vaugli. 269.) ; becaufethis is the highcfl and largefl cftate 

 that a fubjeft is capable of enjoying ; and he that is tenant 

 in fee, hath in him the whole of the cdate : a remainder, 

 therefore, which is only a portion, or refiduary part of the 

 eftate, cannot be referved after the whole is difpofed of. 



The rules that are laid down by law to be obfcrved in the 

 creation of remainders, arc as follow, i. There muft ne- 

 ceflarily be fome particular eitate, precedent to the eltate in 

 remainder ; which particular ellate is faid to fupport the 

 remainder. (Co. Lilt. 49. Plowd. 25.) 2. The remainder 

 mull commence or pafs out of the grantor, at the time of 

 the creation of the particular eltate (Litt. § 6jl. Plowd. 

 25.) : as where there is an ellate to A for life, with re- 

 mainder to B in fee ; here B's remainder in fee paffes from 

 the grantor at the fame time that feifin is delivered to A of 

 his life-eftate m pofFenion. And it is this which induces the 

 necefiity at common law of livery of feifin being made on 

 the particular ellate, whenever a freehold remainder is cre- 

 ated. (Litt. § 60. Co. Litt. 49.) 3. The remainder 

 muft veft in the grantee durmg the continuance of the par- 

 ticular eftate, or eo hijlat'ti tiiat it determines. (Plowd. 25. 

 1 Rep. 66.) As if A be tenant for life, remainder to B in 

 tail : here B's remainder is vefted in him, at the creation of 

 the particular eftate to A for life : or if A and B be tenants 

 for their joint lives, remainder to the lurvivor in fee ; here, 

 though dunng their joint lives the remainder is vefted in 

 neither, yet on the death of either of them, the i-emainder 

 vefts inllantly in the furvivor ; whence both thefe are good 

 rejnSinders. But if an eftate be limited to A for life, re- 

 mainder to the eldeft fon of B in tail, and A dies before B 

 hath any fon ; here the remainder will be void, for it did not 

 veft in any one during the continuance, nor at the deter- 

 mination, of the particular eftate : and even fuppofing that 

 B ftiould afterwards have a fon, he fliall not take by this 

 remainder ; for, as it did not veft at or before the end of the 

 particular eftate, it never can veft at all, but is gone for 

 ever, (i Rep. 138.) Hence remainders are either vejled 

 or contingent. Vejled remainders (or remainders executed, 

 by which a prcfent interelt palfes to the party, though to 

 be enjoyed in futuro) are fuch where the eftate is invariably 

 fixed, to remain to a determinate perfon after the particular 

 eftate is fpent. As if A be tenant for twenty years, re- 

 mainder to B in fee ; here B's is a -vefted remainder, which 

 nothing can defeat or fet afide. Contingent or executory re- 

 mainders (by which no prefent intereil pafles) are where 

 the eftate in remainder is limited to take effeft, either to a 

 dubious and uncertain perfon, or upon a dubious or uncer- 

 tain event ; fo that the particular eftate may chance to be 

 determined, and the remainder never take effetl. (3 Rep. 

 30.) In the firft cafe, if A be tenant for life, with re- 

 mainder to B's eldeft fon (then unborn) in tail, this is a 

 contingent remainder, becaufe it is uncertain whether B will 

 have a fon or not ; and if A dies before B's fon is born, the 

 remainder is abfolutcly gone ; even though A leaves his 

 wife big with child, and after his death a pofthumous Ion is 

 born. (Salk. 228. 4 Mod. 282.) But to remedy this 

 hardftiip, it is enafted by ftatute 10 & n W. TIL cap. 16. 

 that pofthumous children fliall be capable of taking in re- 

 mainder, in the feme manner as if they had been born in 

 their father's life-time ; that is, the remainder is allowed to 

 veft in them, while yet in their mother's womb. This 

 fpecies of contingent remainder, to a perfon not in being, 

 mult, however, be limited to fome one, that may by com- 

 mon poffibility, or potentia propinqua, be in ejfe at or before 

 the particular eftate determines. (2 Rep. 51.) A re- 

 mainder to a man's eldeft fon, who has none, is good ; be- 

 caufe by common poffibility he may have one ; but if it be 



limited in particular to his fon John or Richard, it is bad, if 

 he have no Ion of that name ; for it is too remote a poffi- 

 bility, that he (hould not only have a fon, but the fon of a 

 particular name. (5 Rep. 51.) A limitation of a re- 

 mainder to a baftard before he is born, is not good (Cro. 

 Eliz. 505.) ; for though the law allows the poffibility of 

 having baftards, it preiumes it to be a very remote r.nd im- 

 probable contingency. In the fecond cale, where land is 

 given to A for life, and in cafe B furvivcs him, then with 

 remainder to B in fee : here B is a certain perfon, but the 

 remainder to him is a contingent remainder, depending upon 

 the uncertainty of his furviving A. During the joint lives 

 of B and A, it is contingent ; and if B dies firll, it can 

 never veft in his heirs, but is for ever gone ; but if A dies 

 firft, the remainder to B becomes vefted. Contingent re- 

 mainders of either kind, if they amount to a freehold, can- 

 not be limited on an eftate for years, or any other particular 

 eftate, lefs than a freehold. Thus, if land be granted to A 

 for ten years, with remainder in fee to the right heirs of B, 

 this remainder is void (i Rep. 130.) ; but if granted to A 

 for life, with a hke remainder, it is good. Contingent re- 

 mainders may be defeated^ by deftroying or determining the 

 particular eftate upon which they depend, before the con- 

 tingency happens, by which they become vefted. i Rep. 

 66. 155. 



In devifes by laft will and teftament, remainders may be 

 crea.ed in fome meafure contrary to the rules here laid down : 

 though our lawyers will not allow fuch difpofitions to be 

 ftriftiy remainders ; but call them by another name, that of 

 executory devifes, or devifes hereafter to be executed. 

 Blackft. Com. book ii. chap. 1 1. ^ 3. 



Spelman makes the difference between a remainder and re- 

 verfion to confill in this ; that by a reverfion, after the ap- 

 pointed term, the eltate returns to the donor, or his heirs, 

 as the proper fountain ; whereas by remainder it goes to 

 fome third perfon or ftranger. 



Or, a remainder is an expeftancy, created by a<S of the 

 parties ; whereas a reverfion is created by afl of law. 



The limitations of peribnal goods and chattels, in remain^ 

 der after a bequeft for life, are permitted in laft wills and 

 teitaments : fo that if a man, either by deed or will, limits 

 his books or furniture to A for life, with remainder over to 

 B, this remainder is good. But where an eftate-tail in things 

 perfonal is given to the firft or any fubfequent poffefFor, it 

 veils in him the total property, and no remainder over fi.all 

 be permitted on fuch a limitation, i P. Wms. 290. 



Glanville obferves, that bilhops and abbots, in regard 

 their baronies are the king's alms, cannot give any part 

 of them by way of remainder. 



Remainder, Writ of formedon in the. See Formedon. 



Remainder, in Mathematics, is the difference ; or that 

 which is left after the taking a leffer number, or quantity, 

 from a greater. 



REMAL, in Geography, a town of Hindooftan j 18 ■ 

 miles N.W. of Agimere. 



REMALAND, a town of France, in the departmen*^ 

 of the Orne, and chief place of a canton, in the diftrift ot 

 Mortagne. The place contains 1702, and the canton i!,68^ « 

 inhabitants, on a territory of 2025 kiliometres, in 12 com- 

 munes. 



REMANCIPATE, To, in Commercc'is. to fell or return 

 a commodity to him who firll fold it. 



REMANCIPATION, Remancipatio, among the 

 Romans, a form of divorce obferved in marriages that had 

 been contradted by coemption. This was done by delivering 

 the wife into the hulband's hands j fo the marriage was dif- 



folved 



