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, universally distinguishes a vested remainder... Commentaries on American Law - Page 203by James Kent - 1848Full view - About this book
| Law reports, digests, etc - 1886 - 956 pages
...death of the testator. It is the present right of future enjoyment whenever the possession becomes vacant, and not the certainty that the possession...before the estate limited in remainder determines, which distinguishes a vested from a contingent remainder. 4 Kent, 206 ; Kennara v. Kennard, 63 NH 303... | |
| Law reports, digests, etc - 1911 - 1164 pages
...without issue before the tenant for life. The present capacity of taking effect in possession, if the possession were to become vacant, and not the certainty that the possession will become der determines, 'universally distinguishes a vested remainder from one that is contingent." Applying... | |
| Law reports, digests, etc - 1893 - 982 pages
...as declared by Chancellor Kent, "it is the present capacity of taking effect in possession, if the possession were to become vacant, and not the certainty...distinguishes a vested from a contingent remainder." 4 Kent, Comm. *203; Slonebraker v. Zollickoffer, 52 Md. 154; In re Lechmere, 18 Cb. Div. 524; Kumpe... | |
| Law reports, digests, etc - 1917 - 1350 pages
...being. In general, it is the present capacity of taking effect in possession, if the possession becomes vacant, and not the certainty that the possession...distinguishes a vested from a contingent remainder." It was there further said : "(4) The uncertainty whether a remainderman will outlive the life tenancy... | |
| Law reports, digests, etc - 1907 - 1350 pages
...interest" 4 Kent's Commentaries, 200. "The present capacity of taking effect in possession, if the possession were to become vacant, and not the certainty...before the estate limited in remainder determines, universally distinguishes a vested remainder from one that is contingent. 2 Chitty's Blackstoue, p.... | |
| Law reports, digests, etc - 1921 - 1204 pages
...and the property would be treated as personalty, and the bequests to the sons as legacies in money. become vacant, and not the certainty that the possession...limited in remainder determines, that distinguishes vested and contingent remainders. [Ed. Note. — For other definitions, see Words and Phrases, First... | |
| Law reports, digests, etc - 1909 - 1320 pages
...estates from being vested at the same moment ; it being the present capacity of taking effect, if the possession were to become vacant, and not the certainty...possession will become vacant before the estate limited determines, that distinguishes a vested from a contingent remainder. [Ed. Note. — For other cases,... | |
| Arkansas. Supreme Court - Law reports, digests, etc - 1918 - 638 pages
...being. In general, it is the present capacity of taking effect in possession, if the possession becomes vacant, and not the certainty that the possession...distinguishes a vested from a contingent remainder." It was there further said: "4. The uncertainty whether a remainderman will outlive the life tenancy... | |
| Edward Warren Hines, William Pope Duvall Bush, John Cleland Wells, Frank L. Wells, Findlay Ferguson Bush, Horace C. Brannin, William Cromwell, W. J. Chinn, Walter G. Chapman, R. G. Higdon, Thomas Robert McBeath - Law reports, digests, etc - 1888 - 1094 pages
....lohn Railey, are invested with the title. "The present capacity of taking effect in possession, if the possession were to become vacant, and not the certainty...before the estate limited in remainder determines, universally distinguishes a vested remainder from one that is contingent." Testing the question before... | |
| Law reports, digests, etc - 1888 - 1032 pages
...ESTATES — VESTED AND CONTINGENT REMAINDEBB. 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 HIP estate limited in remainder determines, distinguishes a vested from a contingent remainder. 2.... | |
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