 ... and unless it be performed the devisee can take nothing. If, on the contrary, the act does not necessarily precede the vesting of the estate, but may accompany or follow it, if this is to be collected from the whole will, the condition is subsequent.  Congressional Serial Set - Page 5441893Full view - About this book
 | United States. Supreme Court - Law reports, digests, etc - 1830 - 584 pages
...before the estate can vest, the condition of course is precedent ; and unless it is performed, the devisee can take nothing. If, on the contrary, the...necessarily precede the vesting of the estate, but may accorap'apy or follow it, if this is to be collected from the whole will, the condition is subsequent.... | |
 | Henry Dutton - Law reports, digests, etc - 1833 - 602 pages
...performed before the estate can vest, the condition is of course precedent; and unless it be performed, the devisee can take nothing. If, on the contrary, the...the whole will, the condition is subsequent." Finlay v. King's Lessee, 3 Pet. 374. The rule would be the same in the case of a deed. The most common instance... | |
 | Matthew Bacon, Sir Henry Gwilliam, Charles Edward Dodd - Law - 1846 - 890 pages
...be performed before it can vest, the condition is precedent. If, on the contrary, the act does not precede the vesting of the estate, but may accompany or follow it, the condition is subsequent. Finlay et al. v. King's Lessee, 3 Pet. 374.g' So, where there was a bequest... | |
 | Asa Kinne - Courts - 1852 - 736 pages
...be performed before the estate can vest, the condition is precedent ; and unless it is performed the devisee can take nothing. If, on the contrary, the...or follow it, if this is to be collected from the will, the condition is subsequent. — Finlay v. King's Lessee, 3 Peters' SC Rep., 377. SPECIFIC AND... | |
 | Georgia. Supreme Court - Equity - 1858 - 718 pages
...the estate can vest, the condition is of course precedent ; and unless it be performed, the legatee can take nothing. If on the contrary, the act does...vesting of the estate, but may accompany or follow, and if this is to be collected from the whole will, the condition is subsequent. (3. Peters 346.) Still... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - Law reports, digests, etc - 1858 - 724 pages
...parties. Underbill v. The Saratoga, and Washington Rail Road Co. 455 2. If the act or condition required does not necessarily precede the vesting of the estate, but may accompany' or follow it, and if the act may bo as well done after as before the vesting of the estate, or if from the nature... | |
 | Richard Peters - Law reports, digests, etc - 1860 - 836 pages
...performed before the estate can vest, the condition of course is precedent, and unless it is performed the devisee can take nothing. If, on the contrary, the...to be collected from the whole will, the condition ia subsequent. IM. 374. 24. It is a general rule, that a devise in words of the present time, as "... | |
 | Illinois. Supreme Court - Law reports, digests, etc - 1915 - 734 pages
...which the estate depends must be performed before the estate vests the condition is precedent, but if, on the contrary, the act does not necessarily...vesting of the estate but may accompany or follow it the condition is subsequent. 3. SAME — when court may look to the circumstances. If it is doubtful... | |
 | Emory Washburn - Real property - 1864 - 776 pages
...question. In the case cited below, the court state as a rule, that " if the act or condition required do not necessarily precede the vesting of the estate, but may accompany or follow it, and if the act may as well be done after as before the vesting of the estate ; or if from the nature... | |
 | United States. Supreme Court, Benjamin Robbins Curtis - Law reports, digests, etc - 1870 - 540 pages
...performed before the estate can vest, the condition is of course precedent ; and unless it be performed the devisee can take nothing. If, on the contrary, the act does not necessarily precede t hevesting of the estate, but may accompany or follow it, if this is to be collected from the whole... | |
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