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" The present capacity of taking effect in possession, if the possession were to become vacant, and not the certainty that the possession will become vacant before the estate limited in remainder determines, universally distinguishes a vested remainder... "
Reports of Civil and Criminal Cases Decided by the Court of Appeals of ... - Страница 32
по Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell, Thomas Bell Monroe, John James Marshall, James Greene Dana, Benjamin Monroe, James P. Metcalfe, Alvin Duvall, William Pope Duvall Bush, John Rodman, Edward Warren Hines, Charles Cyrus Turner, Thomas Lewis Edelen, Thomas Robert McBeath, Robert G. Higdon, T. M. Jones, Amos Hall Eblen - 1913
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A Systematic Arrangement of Lord Coke's First Institute of the Laws of ...

Sir Edward Coke, Sir Thomas Littleton, John Henry Thomas, Sir Matthew Hale, Francis Hargrave, Heneage Finch Earl of Nottingham - 1818
...liable ; as the remainder-man may die, or die without issue, before the death of the tenant for life. The present capacity of taking effect in possession,...distinguishes a vested remainder from one that is contingent. Foam. Cont. Kem. 329. Prest. Est. 32. 33. — [Ed.] (E) So whore a devise was to G. l ,., the testator's...

An Elementary Treatise on Estates: With Preliminary Observations on ..., Том 1

Richard Preston - 1820
...particular estate, whatever may be the nature of the event on which that estate is to determine. It is the present capacity of taking effect in possession, if the possession were fallen, which invariably distinguishes a vested remainder from a remainder which is contingent (n)...

The Reports of Sir Edward Coke, Knt: In Thirteen Parts, Том 1

Sir Edward Coke - 1826
...death of the tenant in tail ; the present capacity of taking effect in possession, if the possessions were to become vacant, and not the certainty that the possession will become laçant before the estate limited in remainder determines, universally distinguishes a vested "•maiuder...

Commentaries on the Laws of England, Том 1

William Blackstone - 1827
...or die without issue, before thi; death of the tenant for lite. The present capacity of taking oieci br-oome vacant before the estate limited in remainder determines, universally distinguishes a vested...

An Essay on the Doctrine of Remainders: And, as Collateral and Subordinate ...

William Floyer Cornish - 1827 - 259 страници
...effect in, not the criterion of a vested remainder, 98. examination of Mr. Fearne's position, that the present capacity of taking effect in possession, if the possession were to become vacant, universally distinguishes a vested remainder from one that is contingent, 101. POSSIBILITY, on which...

A Systematic Arrangement of Lord Coke's First Institute of the Laws ..., Том 2

Sir Edward Coke, John Henry Thomas - 1827
...or die without issue before the death of the tenant for life The present capacity of taking elFect in possession, if the possession were to become vacant, and not the certainty thai the possession will become vacant before the estate limited in remainder determines, universally...

Reports of Cases Decided in the Court of Chancery of the State of ..., Том 47

New Jersey. Court of Chancery - 1891
...future enjoyment. The law favors the vesting of remainders, and does it at the first opportunity. It is the present capacity of taking effect in possession, if the possession were to become vacant, that distinguishes a vested from a contingent remainder. It is the uncertainty of the right which renders...

Commentaries on American Law, Том 4

James Kent - 1830
...possession. Every remainderman may die, and without issue, before the death of the tenant for life. It is the present capacity of taking effect in possession, if the possession were to become ^?acarrf7tT)at"(Trstmguishes a vested JftbJif1a^o1Tnn^eTirrcn7aTn^cp^'^\VIie n ^^_^___^_^_^^___J^j»...

Reports of Cases Decided in the Court of Chancery of the State of ..., Том 82

New Jersey. Court of Chancery - 1914
...estate.' " 4 Com. 202. Mr. Washburne quotes the foregoing view of Chancellor Kent with approval and adds : "The present capacity of taking effect in possession, if the possession were now to become vacant, and not the certainty that the possession will become vacant before the estate...

A Practical and Elementary Abridgment of the Cases Argued and ..., Том 14

Charles Erdman Petersdorff, Elisha Hammond - 1831
...liable, as the remainder-man may die, or die without issue, before the death of the tenant fur life. The present capacity of taking effect in possession,...estate limited in remainder determines, universally diatinguisbea a vested remainder from one that is contingent; FtMrn. Con. Rein. -'29; Prest. Eat. 32....




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