 | John Austin - 1863 - 462 страници
...remainder contingent. The present capacity of taking effect in possession, if the possession were now to become vacant, and not the certainty that the possession...universally distinguishes a vested remainder from oue that is contingent."* Now I cannot help thinking that this test of a vested remainder is fallacious.... | |
 | Hiram Denio - 1863 - 692 страници
...enjoyment if the particular estate of the trustees had then terminated by the death of his father ; and " the present capacity of taking effect in possession, if the possession were to become va cant, and not the certainty that the possession will become va cant before the estate limited in... | |
 | Benjamin Vaughan Abbott, Austin Abbott - 1864 - 812 страници
...interest is fixed, although it may be uncertain whether it will ever take effect in possession. 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. Ot. of Errors, 1845, Grout v. Townsend, 2... | |
 | Emory Washburn - 1864 - 912 страници
...remainder is, to all intents, an estate commencing in pr&senti, though to be enjoyed in futuro.3 17. " 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... | |
 | Thomas Nesbitt McCarter - 1865 - 616 страници
...the interest of James and William is defeated by an event which has not, and now cannot occur. 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. Moore v. Rake, 2 Dutcher 572 ; Fearne on Rem.... | |
 | William Blackstone, George Sharswood - 1867 - 926 страници
...liable; as the remainderman may die, or die without issue, before the death of the tenant for life. The present capacity of taking effect in possession,...the possession were to become, vacant, and not the certHintj that the possession will become vacant before ihe estate limited in remainder determines,... | |
 | John C. Devereux - 1868 - 444 страници
...the intention, be deemed vested. 11. Wliat distinguishes vested from contingent remainders f — 203. The present capacity of taking effect in possession,...possession will become vacant before the estate limited ia remainder determines. 12. What is a contingent remainderf — 206. A contingent remainder is limited... | |
 | United States. Supreme Court - 1870 - 842 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 • Chew's Appeal, 45 Penn. 282... | |
 | United States. Supreme Court - 1870 - 840 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 * Chew's Appeal, 45 Penn. 232 ;... | |
 | Pennsylvania. Supreme Court, Jasper Yeates - 1871 - 564 страници
...DEVISE. 1. It is not the uncertainty of ever taking effect in possession, but the promt capacity of it, if the possession were to become vacant, and not the...before the estate limited in remainder determines, which distinguishes • vestal remainder from one that is contingent. Evans's lessee vs Davis. 340... | |
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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... 
