remainder


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 immediately on the determination of that estate, and not in abridgement of it. A future interest created in some person other than the grantor or transferor. Folden v. Folden, Ohio App., 188 N.E.2d 193, 194.
The property that passes to a beneficiary after the expiration of an intervening income interest. If, for example, G. places real estate in trust with income to A. for life and remainder to B. upon A.'s death, B. has a remainder interest. An estate limited to take effect and be enjoyed after another estate is determined. As, if a man seised in fee-simple grants lands to A. for twenty years, and, after the determination of the said term, then to B. and his heirs forever, here A. is tenant for years, remainder to B. in fee.
An estate in reversion is the residue of an estate, usually the fee left in the grantor and his heirs after the determination of a particular estate which he has granted out of it. The rights of the reversioner are the same as those of a vested remainderman in fee. In will, the terms rest, residue, and remainder of estate are usually and ordinarily understood as meaning that part of the estate which is left after all of the other provisions of the will have been satisfied.
- life estate
@ charitable remainder
A gift over to a charity generally after a life estate. It may be vested or contingent.
+ charitable remainder
A gift over after an intervening estate to a qualified charity; qualifies as a tax deduction under certain conditions
@ contingent remainder
One which is either limited to a person not in being or not certain or ascertained, or so limited to a certain person that his right to the estate depends upon some contingent event in the future. Maryland Nat. Bank v. Comptroller of Treasury, 264 Md. 536, 287 A.2d 291, 294.
An estate in remainder which is limited to take effect either to a dubious and uncertain person, or upon a dubious and uncertain event, by which no present or particular interest passes to the remainder-man, so that the particular estate may chance to be determined and the remainder never take effect. A remainder limited so as to depend upon 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 estate.
@ cross-remainder
Where land is devised or conveyed to two or more persons as tenants in common, or where different parts of the same land are given to such persons in severalty, with such limitations that, upon the determination of the particular estate of either, his share is to pass to the other, to the entire exclusion of the ultimate remainderman or reversioner until all the particular estates shall be exhausted, the remainders so limited are called "cross-remainders."
In wills, such remainders may arise by implication; but, in deeds, only by express limitation.
@ executed remainder
A remainder which vests a present interest in the tenant, though the enjoyment is postponed to the future.
@ executory remainder
A contingent remainder; one which exists where the estate is limited to take effect either to a dubious and uncertain person or upon a dubious and uncertain event.
@ vested remainder
An estate by which a present interest passes to the party, though to be enjoyed in futuro, and by which the estate is invariably fixed to remain to a determinate person after the particular estate has been spent. One limited to a certain person at a certain time or upon the happening of a necessary event
@ remainder interest
The property that passes to a beneficiary after the expiration of an intervening income interest. If, for example, G places real estate in trust with income to A for life and remainder to B upon A's death, B has a remainder interest
@

Black's law dictionary. . 1990.

Synonyms:

Look at other dictionaries:

  • remainder — re·main·der n [Anglo French, from Old French remaindre to remain] 1: an estate in property in favor of one other than the grantor that follows upon the natural termination of a prior intervening possessory estate (as a life estate) created at the …   Law dictionary

  • remainder — remainder, residue, residuum, remains, leavings, rest, balance, remnant can all mean what is left after the subtraction or removal of a part. Remainder is the technical term for the result in the arithmetical process of subtraction {subtract 8… …   New Dictionary of Synonyms

  • Remainder — Re*main der (r? m?n d?r), n. [OF. remaindre, inf. See {Remain}.] 1. Anything that remains, or is left, after the separation and removal of a part; residue; remnant. The last remainders of unhappy Troy. Dryden. [1913 Webster] If these decoctions… …   The Collaborative International Dictionary of English

  • remainder — [ri mān′dər] n. [ME remaindre < Anglo Fr substantive use of OFr inf.: see REMAIN] 1. those remaining 2. what is left when a part is taken away; the rest 3. a copy or number of copies of a book still held by a publisher when the sale has fallen …   English World dictionary

  • Remainder — Re*main der, a. Remaining; left; left over; refuse. [1913 Webster] Which is as dry as the remainder biscuit After a voyage. Shak. [1913 Webster] …   The Collaborative International Dictionary of English

  • remainder — early 15c., from Anglo Fr. remainder (O.Fr. remaindre), variant of O.Fr. remanoir (see REMAIN (Cf. remain)) …   Etymology dictionary

  • remainder — /ri meində/, it. /re mɛinder/ s. ingl. (propr. resto ), usato in ital. al masch. (comm.) [libro rimasto invenduto, messo in vendita a prezzo ridotto] ▶◀ ⇑ giacenza, rimanenza …   Enciclopedia Italiana

  • remainder — /reˈmɛnder, ingl. rɪˈmeɪndə(r)/ [vc. ingl., propriamente «resto», dall ant. fr. remaindre «rimanere»] s. m. inv. (di libro) giacenza di magazzino, fondo di magazzino …   Sinonimi e Contrari. Terza edizione

  • remainder — [n] balance, residue bottom of barrel*, butt, carry over, detritus, dregs, excess, fragment, garbage, hangover*, heel, junk, leavings, leftover, obverse, oddment, odds and ends*, overplus, refuse, relic, remains, remnant, residuum, rest, ruins,… …   New thesaurus

  • remainder — ► NOUN 1) a part, number, or quantity that is left over. 2) a part that is still to come. 3) the number which is left over in a division in which one quantity does not exactly divide another. 4) a copy of a book left unsold when demand has fallen …   English terms dictionary

  • Remainder — In arithmetic, when the result of the division of two integers cannot be expressed with an integer quotient, the remainder is the amount left over. The remainder for natural numbers If a and d are natural numbers, with d non zero, it can be… …   Wikipedia


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