ders expectant thereon, is only one fee-ſimple; as 40𝑙. is part of 100𝑙. and 60𝑙. is the remainder of it: wherefore, after a fee-ſimple once veſted, there can no more be a remainder limited thereon, than after the whole 100𝑙. is appropriated there can be any reſidue ſubſiſting.
Thus much being premiſed, we ſhall be the better enabled to comprehend the rules that are laid down by law to be obſerved in the creation of remainders, and the reaſons upon which thoſe rules are founded.
1. And, firſt, there muſt neceſſarily be ſome particular eſtate, precedent to the eſtate in remainder[1]. As, an eſtate for years to A, remainder to B for life; or, an eſtate for life to A, remainder to B in tail. This precedent eſtate is called the particular eſtate, as being only a ſmall part, or particula, of the inheritance; the reſidue or remainder of which is granted over to another. The neceſſity of creating this preceding particular eſtate, in order to make a good remainder, ariſes from this plain reaſon; that remainder is a relative expreſſion, and implies that ſome part of the thing is previouſly diſpoſed of: for, where the whole is conveyed at once, there cannot poſſibly exiſt a remainder; but the intereſt granted, whatever it be, will be an eſtate in poſſeſſion,
An eſtate created to commence at a diſtant period of time, without any intervening eſtate, is therefore properly no remainder: it is the whole of the gift, and not a reſiduary part. And ſuch future eſtates can only be made of chattel intereſts, which were conſidered in the light of mere contracts by the antient law[2], to be executed either now or hereafter, as the contracting parties ſhould agree: but an eſtate of freehold muſt be created to commence immediately. For it is an antient rule of the common law, that no eſtate of freehold can be created to commence in futuro; but it ought to take effect preſently either in poſſeſſion or remainder[3]: becauſe at common law no freehold in lands
