Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/182

 170 life, remainder to the heirs of B: now, if A dies before B, the remainder is at an end; for during B's life he has no heir, nemo et haeres viventis: but if B dies firt, the remainder then immediately vets in his heir, who will be entitled to the land on the death of A. This is a good contingent remainder, for the poibility of B's dying before A is potentia propinqua, and therefore allowed in law. But a remainder to the right heirs of B (if there be no uch peron as B in ee) is void. For here there mut two contingencies happen; firt, that uch a peron as B hall be born; and, econdly, that he hall alo die during the continuance of the particular etate; which make it potentia remotiima, a mot improbable poibility. A remainder to a man's eldet on, who hath none (we have een) is good; for by common poibility he may have one; but if it be limited in particular to his on John, or Richard, it is bad, if he have no on of that name; for it is too remote a poibility that he hould not only have a on, but a on of a particular name. A limitation of a remainder to a batard before it is born, is not good : for though the law allows the poibility of having batards, it preumes it to be a very remote and improbable contingency. Thus may a remainder be contingent, on account of the uncertainty of the peron who is to take it.

may alo be contingent, where the peron to whom it is limited is fixed and certain, but the event upon which it is to take effect is vague and uncertain. As, where land is given to A for life, and in cae B urvives him, then with remainder to B in fee: here B is a certain peron, but the remainder to him is a contingent remainder, depending upon a dubious event, the uncertainty of his urviving A. During the joint lives of A and B it is contingent; and if B dies firt, it never can vet in his heirs, but is for ever gone; but if A dies firt, the remainder to B becomes veted. Rh