 | 1897 - 1054 страници
...life the remainder-man might never take in possession and enjoyment at all; or, In other words, the capacity of taking effect in possession If the possession were to become vacant, coupled with the present ascertainment of the person who is designed to take when the possession does... | |
 | Edward Warren Hines, William Pope Duvall Bush, John Cleland Wells, Frank L. Wells, Findlay Ferguson Bush, Horace C. Brannin, William Cromwell, W. J. Chinn, Walter G. Chapman, R. G. Higdon, Thomas Robert McBeath - 1888 - 1094 страници
...as the heirs at law of Caroline E. Milatn, as well as of .lohn Railey, are invested with the title. "The present capacity of taking effect in possession,...distinguishes a vested remainder from one that is contingent." Testing the question before us by that rule, which has been repeatedly applied by this court, it seams... | |
 | 1888 - 1032 страници
...(Court of Appeals of Kentucky. September 29, 1887.) 1. ESTATES — VESTED AND CONTINGENT REMAINDEBB. The present capacity of taking effect in possession,...certainty that the possession will become vacant before HIP estate limited in remainder determines, distinguishes a vested from a contingent remainder. 2.... | |
 | Arkansas. Supreme Court - 1918 - 638 страници
...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... | |
 | Abraham Clark Freeman - 1889 - 966 страници
...BALLARD'S ASSIGNEE. [83 EBNTDCKY, 481.1 VKSTF.I> REMAINDER is DISTINGUISHED FROM CONTINGENT REMAINDER 1 y the present capacity of taking effect in possession, if the possession were* to become vacant. VESTED REMAINDER IN CHILDREN is CHEATED BY DEVISE FOR LITE, with remainder to the children of the life... | |
 | 1890 - 1254 страници
...remainder is a fixed interest, to take effect in possession after a particular estate is spent. 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. Comrn. 203; 2 Washb. Keal Prop. (4th... | |
 | John C. Devereux - 1890 - 440 страници
...the intention, be deemed vested. 11. What distinguishes vested from Contingent remainders f — 203. The present capacity of taking effect in possession,...before the estate limited in remainder determines. 12. What is a contingent remainder f — 206. A contingent remainder is limited so as to depend on... | |
 | William Blackstone - 1890 - 850 страници
...repeatedly approved by the United States Supreme Court and other American. courts, is that " 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." (4 Com. 203.) The difference between these... | |
 | Thomas Brett - 1891 - 660 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." Thus, suppose successive estates for life are given in the same property, eg to A., a healthy young... | |
 | Stewart Chaplin - 1891 - 430 страници
...Thus Feavue, in describing vested remainders, attributes to them as a distinguishing characteristic the present capacity of taking effect in possession if the possession were to become vacant.1 And Mr. Williams has been charged, by good authority, with introducing into his explanation... | |
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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... 
