 | William Callyhan Robinson - 1882 - 444 oldal
...remainder in B., yet B. may die before A., and his estate in remainder thus come to an end. " It is the present capacity of taking effect in possession,...before the estate limited in remainder determines," which characterizes a vested remainder. Read 2 Bl. Comm., p. 168. 2 Cruise Dig., Tit. xvi, Ch. i, §§... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1882 - 686 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 certainty that the possession... | |
 | George Ripley, Charles Anderson Dana - 1883 - 942 oldal
...is an immediate right of present enjoyment, or a present fixed right of future enjoyment, it being the present capacity of taking effect in possession...before the estate limited in remainder determines, that distinguishes л vested remainder from one that is contingent. Thus a limitation to A for years,... | |
 | Charles Theodore Boone - 1883 - 566 oldal
...the preceding particular estate ends, or is limited to a person not in esse or not ascertained.7 A present capacity of taking effect in possession, if...before the estate limited in remainder determines, universally distinguishes a vested remainder from one that is contingent.8 In other words, in the former... | |
 | Henry Charles Deane - 1883 - 572 oldal
...B.'s estate would still be contingent so long as A. continued to live. We see therefore that it is the present capacity of taking effect in possession, if the possession were to become vacant, which distinguishes a vested remainder from one which is contingent (/). Rules for the We come next... | |
 | Kenelm Edward Digby - 1884 - 434 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...possession were to become vacant, and not the certainty CHAP. V. On the other hand, in the case of a contingent remainder, ijKa). something must happen besides... | |
 | Kenelm Edward Digby - 1884 - 432 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...possession were to become vacant, and not the certainty CHAP. V. On the other hand, in the case of a contingent remainder, SjK»). something must happen besides... | |
 | James Kent - 1884 - 728 oldal
...enjoyment, and not the uncertainty of its actual enjoyment, which renders я 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 certainty that the possession will... | |
 | Kenelm Edward Digby - 1884 - 466 oldal
...determinable on an event which may never happen. On the other hand, if the interest were expressed to take that the possession will become vacant before the estate limited in remainder determines, universally distinguishes a vested remainder from one that is contingent.' (Fearne on Contingent Remainders,... | |
 | Henry William Challis - 1885 - 458 oldal
...taking effect in possession that makes a contingent 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." (Fearne, Cont. Eern. 216.)... | |
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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... 
