Professor Kales and Common Law Remainders

Authors

Joseph W. Bingham, Cornell University

Abstract

In an article in Vol. 22 of the Law Quarterly Review, Professor Albert M. Kales presents a reclassification of future interests in land, the salient feature of which is an attempt to overthrow the conventional conception of a contingent remainder as a future estate given, not presently, but on condition precedent, and to substitute an entirely new conception of his own. This effort, by its boldness and novelty commands something more than a mere passing mention. It is my purpose, first to present as briefly as is consistent with clearness what I conceive to be the common law theory of estates in land and the nature of remainders, vested and contingent; and then to discuss Professor Kales' article with like brevity and attempt to show how and why he has wandered from what I conceive to be the beaten path, trodden by our law-makers.

Recommended Citation

Joseph W. Bingham, Professor Kales and Common Law Remainders, 5 Mich. L. Rev. 497 (1907).
Available at: https://repository.law.umich.edu/mlr/vol5/iss7/1