Harvard Law Review Volume 33

Harvard Law Review Volume 33

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1920 edition. Excerpt: ...when applied to an estate in expectancy, is in reality contingent; and the treating of such a remainder as vested subject to be divested, for the purpose of avoiding certain restrictions or liabilities attaching to contingent remainders, ' is a mere conventional mode of construction that should not mislead or confuse us. Whenever a testator makes a disposition dependent on circumstances existing at a future time, he seeks to project himself and his will, as far as feasible, to that point of time; if he could, he would only then make his dispositions. It may safely be assumed that he does not intend to benefit persons who would not be the natural beneficiaries of his will were his will made at the later point of time. Results contrary to his presumed interest may, however, easily follow, if remainders are treated as vested, or if contingent remainders are treated as descendible, devisable, or alienable. It will then not infrequently happen that his property at the time to which he desires to project his control will pass to persons who are strangers to him. So in the very common case that the remainderman dying in the life of the life tenant leaves a wife or husband as heir, or that the remainder descends to a child and the child later dies, leaving the other parent as its heir. To avoid this result, the Supreme Court of Illinois has in several cases interpreted a remainder not only as contingent, but as contingent upon the remainderman outliving the life tenant. So in the common form of limitation "to my wife for life, upon her death to my children, and if any of my children die leaving issue either before me or before my wife, then the issue of the child so dying shall take the share which the parent would have taken if living...
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Product details

  • Paperback | 550 pages
  • 189 x 246 x 28mm | 971g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236753283
  • 9781236753281