Reports of Cases Adjudged in the Court of Chancery of New York Volume 7
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. 1887 edition. Excerpt: ...a condition precedent, if he lies, and the estate limited to him by way of remainder continues, until all the precedent estates are determined. Hawley v. James, 318 2. The remainder is vontingent, although the remainderman is in being and ascertained, so long as it remains uncertain whether he will be entitled to the estate limited to him in remainder, if he lives, and such estate continues, until all the precedent estates have ceased. But the existence of a power to appoint the remainder among a class ol persons, who are known and ascertained, which remainder is limited to the whole class in default of such appointment, does not render the remainder to the class contingent; the remainder is vested in the class, subject to be divested, as to some of the class, by the execution of the power of appointment id. 3. "Where the testator did not intend to vest the estate in any of the remaindermen until the power of appointment in their favor was executed by his trustees, but made the whole right of the remaindermen absolutely dependent upon the decision of his trustees, in their favor, as to their moral characters and merits, at the time appointed by the testator for the vesting of the remainders in possession; Held, that the remainders were contingent during the continuance of the precedent estate, id. 4. A contingent remainder may be limited upon a term in gross, or upon a remainder which is limited upon such a term, if the contingent remainder itself is so limited that it must necessarily vest in interest, if ever, within the period of two lives in being at the creation of the estate, or at the termination thereof. id. See "will, 3, 4, 9, 17. RIVERS. See Waters. S SCIRE FACIAS. See Injunction, 3 SET-OFF. Where C. received a...
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