remainder subject to open
A remainder that is certain to go to a group, but the group is open to expansion. For example, "To my children" is an open group because more children could be born. (Compare to "To my children Abby and Betty", which is a closed group).
See: Future Interest
Definition from Nolo’s Plain-English Law Dictionary
A vested remainder that will go to a group containing an undetermined number of people. For example, "to Adam for life, and then to his children." The remainder left to the children is subject to open because it is unknown how many children (if any) Adam will have at his death.
Definition provided by Nolo’s Plain-English Law Dictionary.
August 19, 2010, 5:23 pm
