The Uniform Probate Code Upends the Law of Remainders

Dukeminier, Jesse

Journal: Michigan Law Review

Volume: 94

First Page: 148

Year: 1995

Bluebook Citation: 94 MICH. L. REV. 148 (1995)

Author: Jesse Jr Dukeminier: all 5 publications


Abstract

Nothing is more settled in the law of remainders than that an indefeasibly vested remainder is transmissible to the remainderman's heirs or devisees upon the remainderman's death. Thus, where a grantor conveys property "to A for life, then to B and her heirs," B's remainder passes to B's heirs or devisees if B dies during the life of A. Inheritability of vested remainders was recognized in the time of Edward I, and devisability was recognized with the Statute of Wills in 1540.

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