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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... "
The South Western Reporter - Halaman 378
1907
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Reports of Civil and Criminal Cases Decided by the ..., Volume 5;Volume 153

Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1913 - 996 halaman
...marks the distinction between a vested and contingent interest." Kent's Commentaries, vol. 4, p. 206. The present capacity of taking effect in possession,...universally distinguishes a vested remainder from one that is contingent." Chitty's Blackstone, vol. 2, page 169, note 10; Walter v. Criitcher, 15 BM, 10. In...
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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 halaman
...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,...universally distinguishes a vested remainder from one that is contingent. Foam. Cont. Kem. 329. Prest. Est. 32. 33. — [Ed.] (E) So whore a devise was to G....
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An Elementary Treatise on Estates: With Preliminary Observation of ..., Volume 1

Richard Preston - 1820 - 554 halaman
...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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The Reports of Sir Edward Coke, Knt: In Thirteen Parts, Volume 1

Sir Edward Coke - 1826 - 734 halaman
...death of the tenant in tail ; the present capacity of taking effect in possession, if the possessions were to become vacant, and not the certainty that the possession will become laçant before the estate limited in remainder determines, universally distinguishes a vested "•maiuder...
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Commentaries on the Laws of England, Volume 1

William Blackstone - 1827 - 916 halaman
...or die without issue, before thi; death of the tenant for lite. The present capacity of taking oieci br-oome vacant before the estate limited in remainder determines, universally distinguishes a vested...
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An Essay on the Doctrine of Remainders: And, as Collateral and Subordinate ...

William Floyer Cornish - 1827 - 284 halaman
...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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A Systematic Arrangement of Lord Coke's First Institute of the ..., Volume 2

Sir Edward Coke, John Henry Thomas - 1827 - 884 halaman
...or die without issue before the death of the tenant for life The present capacity of taking elFect in possession, if the possession were to become vacant, and not the certainty thai the possession will become vacant before the estate limited in remainder determines, universally...
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Reports of Cases Decided in the Court of Chancery of the State of ..., Volume 47

New Jersey. Court of Chancery - 1891 - 700 halaman
...future enjoyment. The law favors the vesting of remainders, and does it at the first opportunity. 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. It is the uncertainty of the right which renders...
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Commentaries on American Law, Volume 4

James Kent - 1830 - 556 halaman
...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 ..., Volume 82

New Jersey. Court of Chancery - 1914 - 768 halaman
...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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