English Legal History and its Materials

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VestedAndContingentRemainders 2 - 10 Nov 2008 - Main.EbenMoglen
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Is there much difference between the interest of an heir apparent in an estate in fee tail and a remainderman? They seem to me to be pretty much the same thing, except the heir apparent must be a blood relation and a remainderman can be any random who was named in the initial creation of the interest. But does this difference actually change the nature of the interest that much? Possible differences I suppose might be things like the writs the person can use to protect his interest.

-- BeckyPrebble - 28 Oct 2008

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That's the relevant difference. The eldest son of a life tenant in possession of an entailed estate is a remainderman, with a vested remainder. His action under the statute of 1285 against an alienation is formedon in the descender, rather than formedon in the remainder.

Vesting is also crucial, because a contingent remainder is destroyed by the premature conclusion of the precedent estate, which is why the trustee to protect contingent remainders is the critical component of a strict family settlement.

-- EbenMoglen - 10 Nov 2008

 
 
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VestedAndContingentRemainders 1 - 28 Oct 2008 - Main.BeckyPrebble
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META TOPICPARENT name="WebPreferences"
Is there much difference between the interest of an heir apparent in an estate in fee tail and a remainderman? They seem to me to be pretty much the same thing, except the heir apparent must be a blood relation and a remainderman can be any random who was named in the initial creation of the interest. But does this difference actually change the nature of the interest that much? Possible differences I suppose might be things like the writs the person can use to protect his interest.

-- BeckyPrebble - 28 Oct 2008

 
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Revision 2r2 - 10 Nov 2008 - 22:26:58 - EbenMoglen
Revision 1r1 - 28 Oct 2008 - 14:54:11 - BeckyPrebble
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