| Richard Preston - Estates (Law) - 1820 - 554 pages
...2258. particular estate, whatever may be the nature of the event on which that estate is to determine. It is the present capacity of taking effect in possession, if the possession were fallen, which invariably distinguishes a vested remainder from a remainder which is contingent (n)... | |
| William Floyer Cornish - Real property - 1827 - 284 pages
...effect in, not the criterion of a vested remainder, 98. examination of Mr. Fearne's position, that the present capacity of taking effect in possession, if the possession were to become vacant, universally distinguishes a vested remainder from one that is contingent, 101. POSSIBILITY, on which... | |
| New Jersey. Court of Chancery - Law reports, digests, etc - 1914 - 768 pages
...that the testatrix did create the estate above indicated. Chancellor Kent says: "An estate is vested when there is an immediate right of present enjoyment or a present fixed right of future enjoyment. It gives a legal or equitable seisin. The definition of a vested remainder in the New York revised statutes... | |
| James Kent - 1826-1830 - 1830 - 556 pages
...possession. Every remainderman may die, and without issue, before the death of the tenant for life. It is the present capacity of taking effect in possession, if the possession were to become ^?acarrf7tT)at"(Trstmguishes a vested JftbJif1a^o1Tnn^eTirrcn7aTn^cp^'^\VIie n ^^_^___^_^_^^___J^j»... | |
| New Jersey. Court of Chancery - Law reports, digests, etc - 1891 - 700 pages
...vest in the remainderman. 2. An estate is vested when there is a present fixed right of present or future enjoyment. It is the present capacity of taking effect in possession, if the posHavens ». Sea Shore Land Co. session were to become vacant, that distinguishes a vested from a... | |
| New York (State). Court of Chancery - Equity - 1847 - 732 pages
...the lifetime of A., will prevent the limitation in his favor from ever taking effect in possession. It is the present capacity of taking effect in possession, if the possession were to become vacant, not the certainty that it ever will become vacant while the remainder continues, which distinguishes... | |
| James Kent - Law - 1848 - 798 pages
...(II.) Of rested remainders. Remainders are of two sorts, vested and contingent. An estate is vested when there is an immediate right of present enjoyment, or a present fixed right of future enjoyment. It gives a legal or equitable seisin.b The definition of a vested remainder in the Neu)- York Rerised... | |
| Asa Kinne - Courts - 1852 - 736 pages
...possession. Every remainder-man may die, and without issue, before the death of the tenant for life. 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. When the event on which the precedent estate... | |
| James Kent - Law - 1854 - 728 pages
...of enjoyment, and not the uncertainty of its actual enjoyment, which readers a remainder contingent. The present capacity of taking effect in possession, if the possession were to become vacant, distinguishes a vested from a contingent remainder, and not the certainty that the possession will... | |
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