...is or must be liable; as the remainderman may die, or die without issue before the tenant for life. The present capacity of taking effect in possession,...not the certainty that the possession will become der determines, 'universally distinguishes a vested remainder from one that is contingent." Applying...

...contingent, and not vested. It is the present right of future enjoyment, whenever the possession becomes vacant, and not the certainty that the possession...before the estate limited in remainder determines, which distinguishes a vested from a contingent remainder. Kennard v. Kmnard, 68 NH 803; Vandewalker...

...ever come into the possession and enjoyment of the estate; for, as declared by Chancellor Kent, "it is the present capacity of taking effect in possession,...before the estate limited In remainder determines, that distinguishes a vested from a contingent remainder." 4 Kent, Comm. *203; Slonebraker v. Zollickoffer,...

...both estates from being vested at the same moment ; it being the present capacity of taking effect, if the possession were to become vacant, and not the...possession will become vacant before the estate limited determines, that distinguishes a vested from a contingent remainder. [Ed. Note. — For other cases,...

...and the property would be treated as personalty, and the bequests to the sons as legacies in money. become vacant, and not the certainty that the possession...before the estate limited in remainder determines, that distinguishes vested and contingent remainders. [Ed. Note. — For other definitions, see Words...

...being. In general, it is the present capacity of taking effect in possession, if the possession becomes vacant, and not the certainty that the possession...before the estate limited in remainder determines, that distinguishes a vested from a contingent remainder." It was there further said : "(4) The uncertainty...

...14GO.] 2. SAMB. The prosent capacity of taking effect in possession, If the possession becomes vncant. and not the certainty that the possession will become...before the estate limited in remainder determines, distinguishes a vested from a contingent remainder. [Ed. Note. — For cases in point, see Cent. Dig....

...to the possession of the lands upon the ceasing of the intermediate or precedent estate." ';It i,s the present capacity of taking effect in possession if the possession were to become vacant, that distinguishes a vested from a contingent remainder." 4 Kent Comm., 194, 195. But there was no...

...three childless sisters. We think the decision in that case, based upon the well-established rule that "the present capacity of taking effect in possession, if the possession were to become vacant, distinguishes a vested from a contingent remainder," controls this case. Judgment affirmed. WALKER...

...present capacity of taking effect in possession, if the possession was to become vacant, and not come vacant, before the estate limited in remainder determines,...universally distinguishes a vested remainder from oue that is contingent. Bowling v. Dobyus, 5 Dana, 442: Williamson v. Williamson, 18 B. Mon. 368. It...