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Section 40. Remainders |
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This section is from the book "Popular Law Library Vol6 Real Property, Abstracts, Mining Law", by Albert H. Putney. Also available from Amazon: Popular Law-Dictionary.
A remainder is a future estate created in favor of some other person than the grantor. There are four important general rules governing the creation of remainders. (1) The remainder must have a preceding estate to support it; (2) The remainder must be created at the same time as the preceding estate; (3) The remainder must take effect immediately after the termination of the preceding estate; and (4) The remainder must not take effect in derogation of the preceding estate. This last rule explains why there cannot be a remainder after an estate on condition subsequent.
 
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