- survivor
- One who outlives another person or persons of a group of which he was a part, or lives beyond a designated date or the happening of a designated event. 57 Am J1st Wills § 1396. The vested or contingent character of a remainder to survivors frequently depends upon whether the survivorship relates to the death of the testator or grantor or to some other. Obviously, if words of survivorship relate to the period of distribution, generally the death of the life tenant, the remainder is contingent, since who will survive such time in order to take the remainder is uncertain until the time of the life tenant's death or other event. Survivorship is then a condition precedent to the vesting of a gift, and a remainder subject to a condition precedent is contingent. If the words of survivorship are held to refer to the time of the grant or of the death of the testator, or, in other words, to the time when the deed or will takes effect, the remainder may be vested, either absolutely or defeasibly, or the conditions of the limitation, other than survivorship, may render the remainder contingent, even though the persons who are to take are definitely ascertained. 28 Am J2d Est § 266.
Ballentine's law dictionary. Anderson, W.S.. 1998.