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" 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... "
Reports of Cases Argued and Determined in the Court of Chancery of the State ... - Side 553
av New York (State). Court of Chancery - 1847
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Reports of Civil and Criminal Cases Decided by the Court ..., Volum 5;Volum 153

Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1913 - 996 sider
...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...
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A Systematic Arrangement of Lord Coke's First Institute of the Laws of ...

Sir Edward Coke, Sir Thomas Littleton, John Henry Thomas - 1818 - 752 sider
...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...
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An Elementary Treatise on Estates: With Preliminary Observation of ..., Volum 1

Richard Preston - 1820 - 554 sider
...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)...
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An Essay on the Doctrine of Remainders: And, as Collateral and Subordinate ...

William Floyer Cornish - 1827 - 284 sider
...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...
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Commentaries on American Law, Volum 4

James Kent - 1830 - 556 sider
...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»...
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Reports of Cases Decided in the Court of Chancery of the State of ..., Volum 47

New Jersey. Court of Chancery - 1891 - 700 sider
...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...
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Reports of Cases Decided in the Court of Chancery of the State of ..., Volum 82

New Jersey. Court of Chancery - 1914 - 768 sider
...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...
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A Practical and Elementary Abridgment of the Cases Argued and ..., Volum 14

Charles Petersdorff - 1831 - 592 sider
...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...
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A Systematic Arrangement of Lord Coke's First Institute of the Laws ..., Volum 2

Sir Edward Coke, John Henry Thomas - 1836 - 796 sider
...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...
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The Principles of Conveyancing

Charles Watkins, Henry Hopley White - 1838 - 596 sider
...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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