 | United States. Supreme Court - 1885 - 914 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, universally distinguishes a vested from a con tingent remainder, and not the certainty that the possession... | |
 | 1916 - 1116 oldal
...present enjoyment It is vested in interest when there is a present fixed right of future enjoyment" "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... | |
 | 1885 - 1102 oldal
...enjoyed in futuro. Doe v. Considinc, 73 US, (6 Wall.), 474-476 (XVIII., Law. ed., 874, 875). It is the present capacity of taking effect in possession if the possession were fallen. I Prest. Est., 70. A remainder is never deemed to be a contingent one, when it can be construed... | |
 | John Austin - 1885 - 662 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... | |
 | Christopher Gustavus Tiedeman - 1885 - 916 oldal
...Moore v. Lyons, 25 Wend. 119; Gourley r. Woodbury, 42 Vt. 395. Mr. Preston's definition is : "It is the present capacity of taking effect in possession, if the possession were fallen." 1 Prest. Est. 70. : 2 Washb. on Real Prop. 542 ; Doe r. Morgan, 3 TR 764 ; Purefoy v. Rogers,... | |
 | robert campbell - 1885 - 656 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... | |
 | 1911 - 1164 oldal
...for life or in tail is or must be liable; as the remainderman may die, or die without issue before the tenant for life. The present capacity of taking...not the certainty that the possession will become der determines, 'universally distinguishes a vested remainder from one that is contingent." Applying... | |
 | 1888 - 972 oldal
...contingent, and not vested. It is the present right of future enjoyment, whenever the possession becomes vacant, and not the certainty that the possession...before the estate limited in remainder determines, which distinguishes a vested from a contingent remainder. Kennard v. Kmnard, 68 NH 803; Vandewalker... | |
 | Henry William Challis - 1887 - 412 oldal
...the remainderman may die, or die without True criterion between vested and contingent issne, before the tenant for life. The present capacity of taking...before the estate limited in remainder determines, universally distinguishes a vested remainder from one that is contingent." (Fearne, Cont. Rem. 216.)... | |
 | 1893 - 982 oldal
...ever come into the possession and enjoyment of the estate; for, as declared by Chancellor Kent, "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, Comm. *203; Slonebraker v. Zollickoffer,... | |
| |
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... 
