alternative remainder
A remainder in which the disposition of property is to take effect only if another disposition does not take effect.
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A remainder in which the disposition of property is to take effect only if another disposition does not take effect.
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A trust that consists of assets that are designated for a charitable purpose and that are paid over to the trust after the expiration of a life estate or intermediate estate. — Abbr. CRT. — Also termed split-interest trust. [Cases: Charities 4. C.J.S. Charities §§ 3–4.]
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A vested remainder that will be destroyed if a condition subsequent occurs. • An example is “to A for life, and then to B, but if B ever sells liquor on the land, then to C.” — Also termed remainder subject to divestment. [Cases: Remainders 10. C.J.S. Estates §§ 88–89, 91–92.]
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destructibility of contingent remainders 不确定剩余地产权的可消灭性 处理因条件不足而可能丧失未来利益的一种原则。这种可消灭的不确定的未来利益依照「反永久性规则」〔Rule Against Perpetuities〕处理,其他未来利益的可消灭性则基于授予者或现有地产的所有者的行为确定。
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A remainder that is given to an ascertained person and that is not subject to a condition precedent. • An example is “to A for life, and then to B.” — Also termed executed remainder. [Cases: Remainders 1. C.J.S. Estates §§ 70–71, 77, 79, 81–82.]
A remainder that is either given to an unascertained person or made subject to a condition precedent. • An example is “to A for life, and then, if B has married before A dies, to B.” — Also termed executory remainder; remainder subject to a condition precedent. [Cases: Remainders 1, 4. C.J.S. Estates §§ 70–77,
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alternative remainder 选择性剩余遗产 对该剩余遗产中的财产处分是以选择性方式作出的,亦即一方的财产处分生效,则另一方的财产处分不生效,反之亦然。 (→remainder)
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executory remainder 期待的剩余地产权 指将来地产权的享有人尚未确定,或其生效取决于某一不确定事件的发生与否。与之相对的是既定剩余地产权〔executed remainder〕。
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executed remainder 既定剩余地产权 指剩余地产权现时已被授予,但要将来才能享用。与之相对的是期待剩余地产权〔executory remainder〕。
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