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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... "
A Treatise on the American Law of Real Property - Page 548
by Emory Washburn - 1876
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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, Thomas Bell Monroe, John James Marshall, James Greene Dana, James P. Metcalfe, Benjamin Monroe, William Pope Duvall Bush, Alvin Duvall, John Rodman, Charles Cyrus Turner, Edward Warren Hines, Thomas Lewis Edelen, Thomas Robert McBeath, Robert G. Higdon, T. M. Jones, Amos Hall Eblen - Law reports, digests, etc - 1913
...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...
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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, Sir Matthew Hale, Francis Hargrave, Heneage Finch Earl of Nottingham - Land tenure - 1818
...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...
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An elementary treatise on estates: ... with preliminary ..., Volume 1

Richard Preston - Estates (Law) - 1820
...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, Robert Philip Tyrwhitt - Law - 1826
...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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An Essay on the Doctrine of Remainders: And, as Collateral and Subordinate ...

William Floyer Cornish - Remainders (Estates) - 1827 - 259 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,...
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Reports of Cases Decided in the Court of Chancery of the State of ..., Volume 47

New Jersey. Court of Chancery - Law reports, digests, etc - 1891
...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...
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Commentaries on American Law, Volume 4

James Kent - 1826-1830 - 1830
...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 - Law reports, digests, etc - 1914
...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...
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A Practical and Elementary Abridgment of the Cases Argued and ..., Volume 14

Charles Erdman Petersdorff, Elisha Hammond - Law reports, digests, etc - 1831
...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...
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A Digest of the Laws of England Respecting Real Property, Volume 2

William Cruise, Henry Hopley White - Real property - 1835
...the preceding Section. The present capacity of taking effect in possession, if the possession were to become vacant, and not the certainty that the possession...estate limited in remainder determines universally (d) distinguishes a vested remainder from one that is contingent. (c) [Now altered as regards such...
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