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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... "
Commentaries on the Laws of England ... - 282. lappuse
autors: William Blackstone - 1890
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Reports of Civil and Criminal Cases Decided by the ..., 5. sējums;153. sējums

Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1913 - 996 lapas
...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 lapas
...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 ..., 1. sējums

Richard Preston - 1820 - 554 lapas
...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 lapas
...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, 4. sējums

James Kent - 1830 - 556 lapas
...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 ..., 47. sējums

New Jersey. Court of Chancery - 1891 - 700 lapas
...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 ..., 82. sējums

New Jersey. Court of Chancery - 1914 - 768 lapas
...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 ..., 14. sējums

Charles Petersdorff - 1831 - 592 lapas
...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 ..., 2. sējums

Sir Edward Coke, John Henry Thomas - 1836 - 796 lapas
...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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Commentaries on the Laws of England: In Four Books; with an ..., 1. sējums

William Blackstone - 1838 - 910 lapas
...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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