 | New York (State). Court of Chancery - Equity - 1847 - 732 pages
...before the remainder takes effect. There is no such event in this limitation. Mr. Preston says, when a remainder is limited to a person in esse, and ascertained,...remainder is most clearly and unquestionably vested. A gift by remainder to a person, with superadded words of contingency, and with a limitation over on... | |
 | Law - 1873 - 462 pages
...other courts and law writers. Swaine, J., quoting from Preston in Doe v. Considine, supra, says, "where a remainder is limited to a person in esse and ascertained, to take effect by express limitation on the termination of the preceding particular estate, the remainder is unquestionably... | |
 | United States. Supreme Court - Law reports, digests, etc - 1870 - 842 pages
...favor the abeyance of estates, and never allows it to arise by construction or implication. t " When a remainder is limited to a person in esse and ascertained, to take effect by express limitation, on the termination of the preceding particular estate, the remainder is unquestionably... | |
 | United States. Supreme Court - Law reports, digests, etc - 1874 - 728 pages
...not the certainty that the possession will ever become vacant while the remainder continues." "When a remainder is limited to a person in esse and ascertained to take effect by words of express limitation ou the determination of the preceding particular estate, this remainder is most clearly ami unquestionably... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1882 - 686 pages
...not favor the abeyance of estates, and never allows it to arise by construction or implication. 'When a remainder is limited to a person in esse and ascertained, to take effect by express limitation, on the termination of the preceding particular estate, the remainder is unquestionably... | |
 | Edward Edwards - Book collectors - 1884 - 1374 pages
...to a dubious and uncertain person, or upon the happening of a " dubious and uncertain event. " When a remainder is limited to a person in esse and ascertained, to " take effect by express limitation on the termination of the preceding " particular estate, the remainder is unquestionably... | |
 | United States. Supreme Court - Law reports, digests, etc - 1885 - 914 pages
...not the certainty that the possession will ever become vacant while the remainder continues." "When a remainder is limited to a person in esse and ascertained...remainder is most clearly and unquestionably vested." 1 Prest. Est. . 70. Bequests involving the question before us 1 may be resolved into two classes: \... | |
 | Law - 1887 - 988 pages
...estate limited in remainder, that remainder is vested. 4 Kent, Comm. 203. It is also vested when it is limited to a person in esse, and ascertained to...determination of the preceding particular estate. Prest. Estates, 70. Viewed in the light of the definitions here quoted, the interest of William Abbey... | |
 | Law reports, digests, etc - 1894 - 1146 pages
...and satisfactory test is given by which a vested estate may be known. It Is thus stated: "Now, when a remainder Is limited to a person in esse and ascertained,...possession as soon as the possession shall fall." In the reports of decided cases we may find paraphrases and amplifications of the language In which... | |
 | Law reports, digests, etc - 1911 - 1164 pages
...was intended to be a vested remainder, and cites, first, Preston on Estates, 70, to show that when a remainder Is limited to a person In esse and ascertained...determination of the preceding, particular estate, that remainder Is most clearly vested; and held that the language of the will in that case was not... | |
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When a remainder is limited to a person in esse and ascertained to take effect by words of express limitation on the determination of the preceding particular estate, this remainder is most clearly and unquestionably vested. 
