 | James Kent - 1848 - 798 страници
...vacant while the remainder continues. Vice-chancellor, 2 Sandfor<Ti Ch. Rep. 533, Williamson r. Field. possession were to become vacant, and not the certainty...before the estate limited in remainder determines, that distinguishes a vested from a contingent remainder.* When the event on which the preceding estate... | |
 | 1857 - 646 страници
...against excluding the eldest son : Langtton v. Langston (c) ; Fearne on Remainders, p. 216 : — " The present capacity of taking effect in possession,...the possession will become vacant before the estate li" mited in remainder determines, universally distingushes a vested " remainder from one that is contingent."... | |
 | Asa Kinne - 1852 - 736 страници
...possession. Every remainder-man 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 vacant, that distinguishes a vested from a contingent remainder. When the event on which the precedent estate... | |
 | James Kent - 1854 - 728 страници
...of enjoyment, and not the uncertainty of its actual enjoyment, which readers a remainder contingent. The present capacity of taking effect in possession, if the possession were to become vacant, distinguishes a vested from a contingent remainder, and not the certainty that the possession will... | |
 | James Kent - 1858 - 778 страници
...of enjoyment, and not the uncertainty of its actual enjoyment, which renders a remainder contingent. The present capacity of taking effect in possession, if the possession were to become vacant, distinguishes a vested from a contingent remainder, and not the certainty that the possession will... | |
 | John Austin - 1861 - 674 страници
...become entitled to a present or perfect right coupled with a right to present enjoyment or exercise. The present capacity of taking effect in possession, if the possession were now to become vacant, will not then distinguish a vested from a contingent remainder : inasmuch as... | |
 | Illinois. Supreme Court - 1916 - 716 страници
...present enjoyment. It is vested in interest when there is a present fixed right of future enjoyment." "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... | |
 | George Ripley, Charles Anderson Dana - 1862 - 866 страници
...is an immediate right of present enjoyment, or a present fixed right of future enjoyment, it being the present capacity of taking effect in possession...before the estate limited in remainder determines, that distinguishes a vested remainder from one that is contingent. Thus a limitation to A for years,... | |
 | George Ripley, Charles Anderson Dana - 1862 - 874 страници
...enjoyment, or a present fiioi right of future enjoyment, it being the ]>n-~ capacity of taking eft'ect in possession if the possession were to become vacant,...not the certainty that the possession will become •. ;.cant before the estate limited in remainder determines, that distinguishes a vested remaindtr... | |
 | George Ripley, Charles Anderson Dana - 1862 - 888 страници
...present capacity of taking effect in possession if tie possession were to become vacant, and not tie certainty that the possession will become vacant before the estate limited in remainder determines, that distinguishes a vested remainder from one that is contingent. Thus a limitation to A for years,... | |
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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... 
