 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 the Laws of England ... - Page 282by William Blackstone - 1890Full view - About this book
 | Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - Law reports, digests, etc - 1913 - 996 pages
...marks the distinction between a vested and contingent interest." Kent's Commentaries, vol. 4, p. 206. 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... | |
 | Sir Edward Coke, Sir Thomas Littleton, John Henry Thomas - Land tenure - 1818 - 752 pages
...liable ; as the remainder-man may die, or die without issue, before the death of 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 vacant before the estate limited in remainder... | |
 | 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... | |
 | 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
...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 Jersey. Court of Chancery - Law reports, digests, etc - 1914 - 768 pages
...estate.' " 4 Com. 202. Mr. Washburne quotes the foregoing view of Chancellor Kent with approval and adds : "The present capacity of taking effect in possession, if the possession were now to become vacant, and not the certainty that the possession will become vacant before the estate... | |
 | Charles Petersdorff - Law - 1831 - 592 pages
...liable, as the remainder-man may die, or die without issue, before the death of the tenant fur 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 Vacant before the estate limited in remainder... | |
 | Sir Edward Coke, John Henry Thomas - Land tenure - 1836 - 796 pages
...liable; as the remainder-man may die, or die without issue before the death of 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 vacant before the estate limited in remainder... | |
 | William Blackstone - Great Britain - 1838 - 910 pages
...liable ; as the remainderman may die, or die without issue, before the death of 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 vacant before the estate limited in remainder... | |
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