A limitation of a remainder which would emerge by itself at some time in the future was not possible at law. A remainder is void unless it is preceded by some particular freehold estate created by the same instrument.
The Queen by letters patent made a demise for lives in consideration of the surrender, of a former lease also made by letters patent, a the time of the grant last made, the patentee had made several assignments and demises of the premises. Held the demise for lives is void.
A lease by the Queen in consideration of the surrender of all the lessee’s estate is
void, where the lessee has previously demised part.
If the consideration, be it executory or executed, or be it on record or not on record, be not truly performed, or if prejudice may accrue to the Queen by reason of non performance of it, the letters patent are void.
Citations:
(1597) 5 Co Rep 93b, [1572] EngR 27, (1572-1616) 5 Co Rep 93, (1572) 77 ER 199
Links:
Jurisdiction:
England and Wales
Trusts, Landlord and Tenant
Updated: 26 March 2022; Ref: scu.222682