 | Emerson E. Ballard, Tilghman Ethan Ballard - 1892 - 832 oldal
...vested 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, if the possession were to become vacant, and not the certainty that the possession will become vacant before the estate... | |
 | Abraham Clark Freeman - 1894 - 1024 oldal
...ever take effect in possession, it will nevertheless be a vested remainder if the interest is fixed. 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. In cases of vested... | |
 | New York (State). Supreme Court. Appellate Division - 1898 - 738 oldal
...the 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." (Grout v. Townsend,... | |
 | Christopher Gustavus Tiedeman - 1897 - 800 oldal
...ever take effect in possession, it will nevertheless be a vested remainder if the interest is fixed. 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. In cases of vested... | |
 | Frank Sumner Rice, William Lawrence Clark - 1902 - 890 oldal
...be 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 if the possession were to become vacant, and not the certainty that the possession will become vacant before the estate... | |
 | 1904 - 1032 oldal
...604. 1n speaking of the test as to whether a remainder is vested or contingent, Chancellor Kent says: "it is 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... | |
 | 1905 - 1080 oldal
...remainder will never take effect" Bunting v. Speek, 21 Рас. 288, 296, 41 Kan. 424, 3 L, B, A. 690. It is the present capacity of taking effect in possession,...will become vacant while the remainder continues, that distinguishes a vested from a contingent remainder. Kinkead v. Ryan, 53 Atl. 1053, 1055, 64 NJ... | |
 | M. E. Dunlap (Counsellor at law) - 1905 - 620 oldal
...present enjoyment, or a present fixed right of future enjoyment. It gives a legal or equitable seizin. It is the present capacity of taking effect in possession, if the possession were to become vacant, that distinguishes a vested fiom a contingent remainder. Contingent remainders... | |
 | United States. Internal Revenue Service - 1905 - 208 oldal
...there is an immediate right of present enjoyment, or a present fixed right of future enjoyment. * * * It is 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,... | |
 | Christopher Gustavus Tiedeman - 1906 - 1174 oldal
...564; Moore v. Lyons. 25 Wend. 119; Gourley v. 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. 11 2 Washburn on Real Prop. 542; Doe 0. Morgan, 3 TR 764; Purefoy v.... | |
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It is 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, that distinguishes a vested from a contingent... 
