Nature of Estates in Remainder and in Reversion; Rights of Reversioner

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  1. An estate in remainder is one limited to be enjoyed after another estate is terminated or at a time specified in the future.
  2. An estate in reversion is the residue of an estate, usually the fee left in the grantor and his heirs after the termination of a particular estate which he has granted out of it.
  3. The rights of the reversioner are the same as those of a vested remainderman in fee.

(Orig. Code 1863, § 2245; Code 1868, § 2237; Code 1873, § 2263; Code 1882, § 2263; Civil Code 1895, § 3098; Civil Code 1910, § 3674; Code 1933, § 85-701.)

Cross references.

- Right of action for injury to remainder or reversionary interest in personalty, § 51-10-5.

RESEARCH REFERENCES

Am. Jur. 2d.

- 28 Am. Jur. 2d, Estates, §§ 197 et seq., 217 et seq.

C.J.S.

- 26A C.J.S., Deeds, § 249 et seq. 31 C.J.S., Estates, §§ 97, 130, 131. 96 C.J.S., Wills, §§ 1269, 1302.

ALR.

- Postponing distribution until payment of debts or settlement of estate as violating rule against perpetuities, 13 A.L.R. 1033.

Conveyance by life tenant and remaindermen in esse as cutting off interest of unborn persons under devise for life with remainder to a class, 25 A.L.R. 770.

Relative rights of life beneficiary and remainderman as to return on bonds or other obligations for the payment of money, bought at a premium or at a discount, 101 A.L.R. 7; 131 A.L.R. 1426.

Necessity that living members of the same class be parties to give court jurisdiction, under the doctrine of representation in respect of interests of unborn contingent remaindermen, 120 A.L.R. 876.

Relative rights of tenant for years or life and remainderman as to return on bonds or other obligations for the payment of money bought at a premium or discount, 131 A.L.R. 1426.

Rule limiting duration of restraints on alienation as applicable to covenant in deed restricting use of property, 10 A.L.R.2d 824.

Grant to one for life, and afterwards, either absolutely or contingently, to grantor's heirs or next of kin, as leaving reversion or creating remainder, 16 A.L.R.2d 691.

Devisability of possibility of reverter, or of right of reentry for breach of condition subsequent, 16 A.L.R.2d 1246.

Title to buildings when school lands revert for nonuse for school purposes, 28 A.L.R.2d 564.

Provision of will that children, etc., of remainderman who dies before expiration of precedent estate or time fixed for distribution to remaindermen, shall take the share to which he would have been entitled, as affecting the character of remainder as vested or contingent, 47 A.L.R.2d 900.


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