vested remainder

A remainder limited to an ascertained person or persons with no further condition imposed upon the taking effect in possession than the determination of the precedent estate. 28 Am J2d Est § 217. An estate invariably fixed, to remain to a determinate person, after the precedent estate is spent. 2 Bl Comm § 168. An estate passing absolutely by will or conveyance, where possession or enjoyment is postponed until the termination of the particular estate upon which it is limited - Re Phearman, 211 Iowa 1137, 232 NW 826, 82 ALR 674. A remainder is vested if, at every n its continuance, it is a present estate, however the preceding freehold estate determines. Sands v Fly, 200 Tenn 414, 292 SW2d 706, 57 ALR2d 188. Wherever the preceding estate is limited, so as to determine on an event which certainly must happen, and the remainder is so limited to a person in esse, and ascertained, that the preceding estate may by any means determine before the expiration of the estate limited in remainder, such remainder is vested, Fearne, Contingent Remainders p 216, quoted in 28 Am J2d Est § 217. Unless the intent of the testator is made to appear to the contrary, a devise or bequest will be construed in favor of a vested remainder instead of a contingent remainder. Re Phearman, 211 Iowa 1137, 232 NW 826, 82 ALR 674.