 | Emerson E. Ballard, Tilghman Ethan Ballard - 1892 - 832 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, 203; 2 Washb. Real Property (4 Ed.)... | |
 | Henry William Challis - 1892 - 506 страници
...of the tenant for life. " The present capacity of taking effect in possession, if the pos" session were to become vacant, and not the certainty that...a vested " remainder from one that is contingent." (Fearne, Cont. Rem. 216.) contingent estates. Restriction upon the criterion. The doctrine laid down... | |
 | Christopher Gustavus Tiedeman - 1892 - 1128 страници
...0.), 9 SE Rep. 973. 8 "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." Fearne Cont. Rem. 216. See also 4 Kent's Com. 202; determine whether the contingency refers to the... | |
 | William Blackstone - 1902 - 540 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." 2 Cruise Dig. 270. See also Fearne Cont. Rein. 216, 7 ed. 2 Ves. Jr. 357. " A contingent remainder... | |
 | Abraham Clark Freeman - 1902 - 1054 страници
...entirely defeated by the death of such person before the determination of the particular estate. 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: Williamson v. Field, 2 Sand. Ch. 553; Moore... | |
 | 1902 - 1142 страници
...possession should the possession become vacant" "The present capacity to take effect I» possession if thé possession were to become vacant, and not the certainty...distinguishes a vested remainder from one that is contingent." Fearne, Rein. 215; 2 Minor, Inst 337; Crews v. Hatcher, 91 Va. 381, 21 SE 812. "Courts always favor... | |
 | United States. Office of Commissioner of Internal Revenue - 1902 - 272 страници
...fixed right of future enjoyment. * * * It is the present capacity of taking effect in possession, ii the possession were to become vacant, and not the...before the estate, limited in remainder determines, that distinguishes a vested from a contingent remainder. * * * When the event on which the preceding... | |
 | International Correspondence Schools - 1903 - 636 страници
...is distinguished from a contingent remainder is the possibility of taking possession of the estate if the possession were to become vacant, and not the...become vacant, before the estate limited in remainder determines.1" It is the policy of the law to construe remainders to be vested, and if the instrument... | |
 | Abraham Clark Freeman - 1902 - 1044 страници
...such person before the determination of the particular estate. It la the present capacity of talcing effect in possession, if the possession were to become...not the certainty that the possession will become vaeant before tbe estate limited in remainder determines, that distinguishes a vested from a contingent... | |
 | Virginia. Supreme Court of Appeals, Benjamin Watkins Leigh, Conway Robinson, Peachy Ridgway Grattan, James Muscoe Matthews, George W. Hansbrough, Martin Parks Burks - 1903 - 1028 страници
...Property as follows: " '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.' By capacity, as thus applied, is not meant simply that there is a person in esse interested in the... | |
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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... 
