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" Future estates are either vested or contingent. They are vested, when there is a person in being, who would have an immediate right to the possession of the lands, upon the ceasing of the intermediate or precedent estate. "
The American State Reports: Containing the Cases of General Value and ... - Page 914
edited by - 1900
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Reports of Cases Argued and Determined in the Court of Appeals of ..., Volume 41

New York (State). Court of Appeals, Erasmus Peshine Smith, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Joel Tiffany, Samuel Hand - Law reports, digests, etc - 1870 - 704 pages
...§ 13, 1 RS, 723. That section provides, that future estates are either vested or contingent. They are vested when there is a person in being who would have an immediate right to the possession of the lands, upon the termination of the precedent estate. They are contingent whilst the person to whom,...
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Albany Law Journal, Volume 6

Law - 1873 - 462 pages
...phraseology of the statute of New York which we borrow from the report, whereby future estates are declared " vested when there is a person in being who would have an immediate right to the possession of the lands upon the ceasing of the immediate or precedent estate." This is the same definition which Judge...
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A Law Dictionary and Glossary: Containing Full Definitions of the ..., Volume 2

Alexander Mansfield Burrill - Dictionaries, Law - 1870 - 674 pages
...defeat or set aside. 2 Bl. Com. 168, 169. In New-York, a vested remainder has been defined by statute, " when there is a person in being who would have an immediate right to the possession of the lands, upon the ceasing of the intermediate or precedent estate." 1 Rev. St. [723,] 718, § 13. VESTER,...
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Cases Argued and Adjudged in the Supreme Court of the ..., Volume 5; Volume 72

United States. Supreme Court - Law reports, digests, etc - 1870 - 880 pages
...entered, and set up, even as against his vendor, any title whatever. 5. A remainder is to be considered us vested when there is a person in being who would have an immediate right to the possession upon the ceasing of the intermediate particular estate. And it is never to be held contingent when,...
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Reports of Cases Decided in the Court of Appeals of the State of ..., Volume 24

New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - Law reports, digests, etc - 1870 - 712 pages
...wholly in the three children. According to the statute (1R. S., p. 723, § 13), a future estate is vested when there is a person in being who would have an immediate right of possession on the ceasing of the intermediate or ,precedent estate. The three children were in being...
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Reports of Cases in Law and Equity in the Supreme Court of the State of New York

Oliver Lorenzo Barbour, New York (State). Supreme Court - Law reports, digests, etc - 1871 - 706 pages
...provisions of the Revised Statutes defining such estates, by which it is enacted that Smiley v. Bailey. future estates " are vested when there is a person in being who has an immediate right to the possession of the lands upon the ceasing of the intermediate or precedent...
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Commentaries on the Laws of England: In Four Books, Volume 1

William Blackstone - Law - 1872 - 776 pages
...determination of a precedent i estate which is created by the same instrument. It is a vested remainder when there is a person in being who would have an immediate right to possession upon the ceasing of the precedent estate. It is a contingent remainder if the person to...
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Reports of Cases Heard and Determined in the ..., Volumes 1-48; Volume 50

Marcus Tullius Hun - Law reports, digests, etc - 1874 - 856 pages
...to a rational interpretation of the instrument now to be construed. It is provided by statute, that estates are vested, when there is a person in being...would have an immediate right to the possession of lands, upon the ceasing of the intermediate or precedent estate, and contingent, whilst the person...
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A Treatise on the Laws of Descent

Anson Bingham - Decedents' estates - 1875 - 570 pages
...very nearly approximates. We then have, as the first proposition of the argument, that every estate is vested " when there is a person in being, who would have an immediate right to the possession of the lands upon the ceasing of the intermediate or precedent estate." 1 RS 723, § 18. The second proposition...
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An Act Relating to Property, and Other Matters Connected with Private Rights ...

New York (State). Legislature. Senate. Special Committee on the Revision of the Statutes - Law - 1879 - 472 pages
...- [Id., § 13, first clause.] When vested. When contingent. § 32. A future estate is vested, where there is a person in being, who would have an immediate right to the possession of the property, upon the expiration of all the intermediate and precedent estates. [Id., § 13, second clause;...
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