Also known as: residual clauses · residuary clause
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A clause in a will that disposes of the remainder of the testator's estate after all specific devises have been satisfied. The clause operates as an alternative devise for a nonresiduary gift only when the will expressly directs that a lapsed or failed nonresiduary devise passes under the residuary clause.
A clause in a will that disposes of the remainder of the testator's estate after all specific devises have been satisfied. The clause operates as an alternative devise for a nonresiduary gift only when the will expressly directs that a lapsed or failed nonresiduary devise passes under the residuary clause.
Select any source to read its text and confirm it supports the definition.
A catch-all provision in a criminal statute that defines a violent felony or crime of violence to include any felony that by its nature involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.
Select any source to read its text and confirm it supports the definition.
A catch-all provision in a criminal statute that defines a violent felony or crime of violence to include any felony that by its nature involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.
Each sense below has its own examples, sources, and questions.
Elena left her conservation easement to her aunt Margaret if Margaret survived her, but directed that if Margaret did not survive the easement would become part of the residue. Margaret died before Elena. The residuary clause therefore functions as an alternative devise and the easement passes to the residuary beneficiaries rather than to Margaret's descendants under antilapse.
A residuary clause constitutes an alternative devise only if the will specifically provides that upon lapse or failure the nonresiduary devise passes under the residuary clause. Without that express direction the residuary clause does not automatically capture a failed nonresiduary gift.
Supporting sources
The residuary clause functions as an alternative devise. The specific gift therefore passes to the residuary beneficiaries rather than triggering antilapse in favor of the original devisee's descendants.
Supporting sources
Miller was sentenced under the ACCA after a prior conviction for unlawful sexual contact. The government relied on the residual clause to classify the offense as a violent felony. Because the Supreme Court later held the residual clause unconstitutionally vague, Miller's sentence enhancement is vacated and the case is remanded for resentencing without the ACCA enhancement.
The clause required courts to imagine the ordinary case of a crime and then assess the risk of physical injury posed by that ordinary case. The combination of those two features produced more unpredictability and arbitrariness than due process tolerates.
Supporting sources
Yes. Section 16(b) contains the identical two features that rendered the ACCA residual clause vague: it requires picturing the ordinary case of the crime and then measuring the risk posed by that ordinary case.
Supporting sources
…felony under the ACCA’s elements clause. The government argues that the conviction nonetheless qualifies under the ACCA’s residual clause, which defines “violent felony” to include any crime that “involves conduct that presents a serious potential risk of physical injury to another.” 18 U.S.C. § 924(e)(2)(B)(ii). But the…