 | Benjamin Vaughan Abbott, Austin Abbott - 1864 - 812 oldal
...interest is fixed, although it may be uncertain whether it will ever take effect in possession. 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. Ot. of Errors, 1845, Grout v. Townsend, 2... | |
 | Emory Washburn - 1864 - 912 oldal
...remainder is, to all intents, an estate commencing in pr&senti, though to be enjoyed in futuro.3 17. " 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... | |
 | Thomas Nesbitt McCarter - 1865 - 616 oldal
...the interest of James and William is defeated by an event which has not, and now cannot occur. 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. Moore v. Rake, 2 Dutcher 572 ; Fearne on Rem.... | |
 | Alex. Charles Ewald - 1867 - 362 oldal
...of ever taking effect in possession that makes a remainder contingent, for to that every remainder for life or in tail is and must be liable, as the...before the estate limited in remainder determines, universally distinguishes a vested remainder, from one that is contingent. Remembrancer.—An officer... | |
 | William Blackstone, George Sharswood - 1867 - 926 oldal
...for to thnt every remainder for life, or in tail, expectant upon an estate or life, is and must he liable; as the remainderman may die, or die without...the possession were to become, vacant, and not the certHintj that the possession will become vacant before ihe estate limited in remainder determines,... | |
 | John C. Devereux - 1868 - 444 oldal
...the intention, be deemed vested. 11. Wliat distinguishes vested from contingent remainders f — 203. The present capacity of taking effect in possession,...possession will become vacant before the estate limited ia remainder determines. 12. What is a contingent remainderf — 206. A contingent remainder is limited... | |
 | United States. Supreme Court - 1870 - 842 oldal
...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 — distinguishes a vested from a contingent remainder, and not the • Chew's Appeal, 45 Penn. 282... | |
 | United States. Supreme Court - 1870 - 840 oldal
...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 — distinguishes a vested from a contingent remainder, and not the * Chew's Appeal, 45 Penn. 232 ;... | |
 | Pennsylvania. Supreme Court, Jasper Yeates - 1871 - 564 oldal
...contingent; for to that everv remainder for life or in tail is and must be liable, as the remainder man may die, or die without issue, before the death of...before the estate limited in remainder determines, universally distinguishes a vested remainder from one that is contingent." I have cited the words of... | |
 | John Austin, Sarah Austin - 1873 - 700 oldal
...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... | |
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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... 
