English Legal History and its Materials
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

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



Webs Webs

r2 - 10 Nov 2008 - 22:26:58 - EbenMoglen
This site is powered by the TWiki collaboration platform.
All material on this collaboration platform is the property of the contributing authors.
All material marked as authored by Eben Moglen is available under the license terms CC-BY-SA version 4.
Syndicate this site RSSATOM