 | 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,...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 the case under consideration... | |
 | 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,...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. l ,., the testator's... | |
 | Richard Preston - Estates (Law) - 1820 - 554 pages
...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)... | |
 | Sir Edward Coke - Law reports, digests, etc - 1826 - 734 pages
...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... | |
 | William Blackstone - Law - 1827 - 916 pages
...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... | |
 | 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... | |
 | Sir Edward Coke, John Henry Thomas - Land tenure - 1827 - 884 pages
...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... | |
 | New Jersey. Court of Chancery - Law reports, digests, etc - 1891 - 700 pages
...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... | |
 | 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 - 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... | |
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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... 
