 | 1904 - 982 страници
...day; and, though it be capable of being vested, that vesting is determined by the question of whether there is a person in being who would have an immediate right to the premises. Townshend v. Frommer, 125 NY 410, 468, 26 NH 805. Every future estate, whether vested or... | |
 | William Albert Finch - 1904 - 1398 страници
...living, there can be no vested estate in remainder under our statutes, because there are no persons in being who would have an immediate right to the possession of the land upon the ceasing of the precedent estate ; that is, if A. were to die to-day, it would still be... | |
 | Robert Ludlow Fowler - 1911 - 638 страници
...remainder is a " fee upon a fee " it is always a former use or executory devise. A remainder is vested when there is a person in being who would have an immediate right to enjoy it in possession were the particular estate presently to determine.79 Such was always the test... | |
 | New York (State). Courts - 1911 - 748 страници
...residuary estate if their interests were contingent. At the death of the testator there were persons in being who would have an immediate right to the possession of the legacies upon the ceasing of the intermediate or preceSupreme Court, May, 1911. [Vol. 72. dent estate.... | |
 | Charles Erehart Chadman - 1912 - 682 страници
...estates," under our statute, "are either vested or contingent. " f 2037, Rev. St. "They are vested when there is a person in being who would have an...of the lands, upon the ceasing of the intermediate or precedent estate. ' ' Id. By the terms of the will, the trustee or executor was to take such future... | |
 | 1914 - 1242 страници
...contingent. In re Moran's Will, 118 Wis. 177, 96 NW 367. The statute (section 2037) says estates are vested when there is a person in being who would have an...of the lands upon the ceasing of the intermediate or precedent estate, while they are contingent (omitting events) only when the person to whom they... | |
 | New York (State). Surrogate's Court (New York County) - 1915 - 640 страници
...Div. 679, the vested character of the remainders in question seems plain. In each instance there was a person " in being who would have an immediate right to the possession of the property on the determination of the intermediate or precedent estate." Real Prop. Law, § 40. The... | |
 | William Pinckney Fishback, Arnold Bennett Hall - 1915 - 576 страници
...limited to take effect and be enjoyed after another estate is determined." It is a vested remainder where there is a person in being who would have an immediate right of possession upon the ceasing of the precedent estate. It is a contingent remainder if the person... | |
 | John Chipman Gray - 1915 - 770 страници
...vested or certain." See 4 Birdseye's Consol. contingent. It is vested when there Laws (1909) 4935. ia a person in being, who would have an immediate right to the law; l but the courts have decided, and it would seem correctly, that it has done so.2 And it is conceived... | |
 | James Arthur Ballentine - 1916 - 648 страници
...estate terminates. See 43 NY (4 Keyes) 569, 4 Abb. Dec. 218. Vested future estate. One which exists when there is a person in being who would have an immediate right of possession upon the termination of the intermediate or precedent estate. See 52 Hun (NY), 468, 6... | |
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They are vested when there is a person in being who would have an immediate right to the possession of the lands upon the ceasing of the intermediate or precedent estate. 
