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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, William Littell, Alexander Keith Marshall - 1913
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Lives of the Founders of the British Museum: With Notices of Its ..., Том 2

Edward Edwards - 1884 - 1374 страници
...understood, ar rest. But the counsel for the appellees have relied upon a declaration of FEARNE, that: "The present capacity of taking " effect in possession, if the possession were to become vacant," is the distinguishing element; and they refer to the cases of Doe v. Considine, 6 Wallace, 476; Van...

Commentaries on American Law, Том 4

James Kent - 1884 - 728 страници
...enjoyment, and not the uncertainty of its actual enjoyment, which renders я 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...

The Law of Real Property: Chiefly in Relation to Conveyancing

Henry William Challis - 1885 - 458 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,...distinguishes a vested remainder from one that is contingent." (Fearne, Cont. Eern. 216.) estates. Eestriction upon the criterion. But this language must be accepted...

Lectures on Jurisprudence: Or, The Philosophy of Positive Law, Том 2

John Austin, Sarah Austin - 1885 - 652 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...distinguishes a vested remainder from one that is contingent.'9l Now I cannot help thinking that this test of a vested remainder is fallacious. For we...

Reports of Cases Argued and Decided in the Supreme Court of the ..., Книга 22

United States. Supreme Court - 1885 - 914 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, universally distinguishes a vested from a con tingent remainder, and not the certainty that the possession...

lectures on jurisprudence

robert campbell - 1885 - 656 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 there...

New England Reporter: All Cases Determined in the Courts of Last ..., Том 1

1885 - 1102 страници
...enjoyed in futuro. Doe v. Considinc, 73 US, (6 Wall.), 474-476 (XVIII., Law. ed., 874, 875). It is the present capacity of taking effect in possession if the possession were fallen. I Prest. Est., 70. A remainder is never deemed to be a contingent one, when it can be construed...

The Northeastern Reporter, Том 112

1916 - 1116 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...

Lectures on Jurisprudence, Or, The Philosophy of Positive Law, Том 2

John Austin - 1885 - 662 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...

An Elementary Treatise on the American Law of Real Property

Christopher Gustavus Tiedeman - 1885 - 916 страници
...Moore v. Lyons, 25 Wend. 119; Gourley r. Woodbury, 42 Vt. 395. Mr. Preston's definition is : "It is the present capacity of taking effect in possession, if the possession were fallen." 1 Prest. Est. 70. : 2 Washb. on Real Prop. 542 ; Doe r. Morgan, 3 TR 764 ; Purefoy v. Rogers,...




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