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" If the language of the particular clause or of the whole will shows that the act on which the estate depends must be performed before the estate can vest, the condition is, of course, precedent, and unless it be performed, the devisee can take nothing. "
Reports of Cases Argued and Adjudged in the Supreme Court of the United States - Page 369
by United States. Supreme Court - 1830
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The Connecticut Digest: Comprising All the Decisions in Kirby's Reports, the ...

Henry Dutton - Law reports, digests, etc - 1833 - 602 pages
...the language of the particular clause or of the whole will, shows that the act on which the estate depends, must be performed before the estate can vest,...accompany or follow it, if this is to be collected from the whole will, the condition is subsequent." Finlay v. King's Lessee, 3 Pet. 374. The rule would...
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A New Abridgment of the Law with Large Additions and Corrections, Volume 6

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...
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Questions and Answers on Law: Alphabetically Arranged. With ..., Volume 2

Asa Kinne - Courts - 1852 - 736 pages
...the language of the particular clause, or of the whole will, shows that the act upon which the estate depends must 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 act does...
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Reports of Cases in Law and Equity, Argued and Determined in the ..., Volume 23

Georgia. Supreme Court - Equity - 1858 - 718 pages
...the language of the particular clause or of the whole will shows, that the act on. which the estate depends, must be performed before the estate can vest,...course precedent ; and unless it be performed, the legatee can take nothing. If on the contrary, the act does not necessarily precede the vesting of the...
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Reports of Cases in Law and Equity in the Supreme Court of the ..., Volume 20

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...
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A Full and Arranged Digest of the Decisions in Common Law, Equity ..., Volume 1

Richard Peters - Law reports, digests, etc - 1860 - 836 pages
...must be 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...accompany or follow it; if this is to be collected from the whole will, the condition ia subsequent. IM. 374. 24. It is a general rule, that a devise...
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Volume 267

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...
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A Treatise on the American Law of Real Property, Volume 1

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...
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Reports of Decisions in the Supreme Court of the United States ..., Volume 8

United States. Supreme Court, Benjamin Robbins Curtis - Law reports, digests, etc - 1870 - 540 pages
...of the particular clause, or of the whole [ * 375 ] will, * shows that the act on which the estate depends must be performed before the estate can vest,...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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Reports of Cases Heard and Determined by the Supreme Court of ..., Volume 113

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 - 1920 - 648 pages
...the language of the particular clause, or of the whole will, show that the act on which the estate depends MUST be performed before the estate CAN vest,...ACCOMPANY or FOLLOW IT, if this is to be collected from the whole will, the condition is subsequent." (Capitals mine.) With this rule of construction...
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