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.
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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.
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EbenMoglen - 10 Nov 2008