 | Richard Preston - Abstracts of title - 1818 - 484 pages
...and are the causes of troubles, whereas the vesting of them is the cause of repose and certainty. And no remainder will be construed to be contingent, which...consistently with the intention, be deemed vested. But these rules have their limits, and their exceptions. A clear and express intention will prevail... | |
 | James Kent - Law - 1848 - 798 pages
...nevertheless -•be a vested remainder if the interest be fixed. *203 The law favours vested estates, and no remainder will be construed to be contingent, which may, consistently with the intention, be deemed vested.0 A grant to A. for life, remainder to B., and the heirs of his body, is a vested remainder... | |
 | Asa Kinne - Courts - 1852 - 736 pages
...possession, it will nevertheless be a remainder if the interest be fixed. The law favors vested estates, and no remainder will be construed to be contingent, which...consistently with the intention, be deemed vested. A grant to A. for life, remainder to B., and heirs of his body, is a vested remainder ; and yet it... | |
 | John Louis Taylor Sneed, Tennessee. Supreme Court - Law reports, digests, etc - 1857 - 812 pages
...body." The law favors the vesting of remainders, and no Henry Ward, Adm'r, &c., vs. WB Saunders, et al. remainder will be construed to be contingent, which...consistently with the intention, be deemed vested. 4 Kent's Com. The law of Tennessee, act 1784, ch. 22, also abolishes joint tenancy in all estates,... | |
 | Mercer Beasley - Equity - 1863 - 610 pages
...him, vis. the determination of the intervening life estates. The rule, as applied to legal estates, is that no remainder will be construed to be contingent...consistently with the intention be deemed vested. Every remainder man may die without issue before the death of the tenants for life. It is the present... | |
 | John C. Devereux - Law - 1868 - 444 pages
...the law regard vested remainders f — 203. The law favors vested estates, and no remainder will b« construed to be contingent, which may, consistently with the intention, be deemed vested. 11. Wliat distinguishes vested from contingent remainders f — 203. The present capacity of taking... | |
 | Law - 1880 - 554 pages
...in remainder, but immediately on her death it descends to them. The law favors vested estates, and no remainder will be construed to be contingent which may consistently with tho intention be deemed vested." Tho clear intimation in that case is that if the devise of the remainder... | |
 | South Carolina. Supreme Court, J. S. G. Richardson, Robert Wallace Shand, Cyprian Melanchthon Efird, William Hay Townsend, Duncan C. Ray, William Munro Shand - Law reports, digests, etc - 1916 - 614 pages
...contingency: 2 Hill Ch. 638; 10 Rich. Eq. 394; 23 SC 225 ; 26 SC 462. Courts favor vested remainders, and no remainder will be construed to be contingent, which...consistently with the intention, be deemed vested: McM. Eq. 204; 2 Strob. Eq. 222 ; 4 Rich. Eq. 285 ; 2 SC 78; 10 SC 386; 20 SC 75. The construction which... | |
 | James Kent - Law - 1873 - 680 pages
...will nevertheless * be a vested remainder if the interest be fixed. The law favors vested estates, and no remainder will be construed to be contingent, which...consistently with the intention, be deemed vested, (a) A grant to A. for life, remainder to B. and tha (a) Preston on Eatates, i. 94, 98. (6) Ib. i. 64.... | |
 | Law - 1880 - 556 pages
...in remainder, but immediately on her death it descends to them. The law favors vested estates, and no remainder will be construed to be contingent which...consistently with the intention be deemed vested." The clear intimation in that case is that if tho devise of the remainder had been to such of the children... | |
| |
It is a settled rule of law, that a gift shall not be deemed to be an executory devise if it is capable of taking effect as a remainder; and it is equally well settled, that no remainder will be construed to be contingent which may, consistently with... 
