 | Thomas Jarman - 1844 - 936 էջ
...egacie"" which is postponed to a period subsequent to the decease of the testator. A leading distinction is, that if futurity is annexed to the substance of the gift, the vesting is sus(A) See Mr. Cox's note to Duke father, in the event of the children ofChandos v. Talbot, 2 PW 612... | |
 | 1845 - 544 էջ
...contingent. Mr. Jarman states, as a species of rule to be extracted from the authorities, that, " When futurity is annexed to the substance of the gift,...time of payment only, the legacy vests instanter." (Wills, vol. 1, p. 769). This expression, however correct, is rather a precise mode of stating the... | |
 | 1853 - 498 էջ
...civil law, are admitted which have no place as to real estate. One of these distinctions is that where futurity is annexed to the substance of the gift, the vesting is in the mean time suspended : but where the time n/ 'payment only is future, the legacy vests immediately.... | |
 | Alexander Warfield Bradford, New York (State). Surrogate's Court (New York County) - 1857 - 570 էջ
...317; Fonereau vs. Fonereau, 3 Aik., 645.) A leading distinction in regard to the vesting of legacies, is, that if futurity is annexed to the substance of...it appears to relate to the time of payment only, it vests instanter. (1 Jarman on Wills, p. 641.)Sometimes words that seemingly create a future interest,... | |
 | Massachusetts. Supreme Judicial Court - 1866 - 1338 էջ
...the situation or convenience of the estate, the legacy will vest instanter. 1 Jarm. on Wills, 756. 5. If futurity is annexed to the substance of the gift, the vesting is suspended, but if it appears to have reference to the time of payment only, the legacy vests instanter. 1 Jarm. on Wills, 759, and... | |
 | 1868 - 584 էջ
...that, is amply shown by the peculiar wording of the legacy in question. III. The leading distinction is, that if futurity is annexed to the substance of...time of payment only, the legacy vests instanter. (1 Jarman on Wills', Perkins' Notts, 641, § 6; WmiarcTs Eq. Jur., 516; 11 Wend. 259-268; Snell a.... | |
 | South Carolina. Supreme Court, J. S. G. Richardson, Robert Wallace Shand, Cyprian Melanchthon Efird, William Hay Townsend, Duncan C. Ray, William Munro Shand - 1920 - 648 էջ
...of cases of this kind, Circuit Decree. [113 SC with which the books abound, is that, if futurity be annexed to the substance of the gift, the vesting...relate to the time of payment only, the legacy vests instantly. An important distinction is to be observed between a case where payment or distribution... | |
 | Anson Bingham - 1875 - 570 էջ
...capable of ascertainment in the instrument by which the disposition is made." It is remarked at page 75, that "if futurity is annexed to the substance of the gift, the vesting is suspended." In the case of the Brattle Square Church v. Grant, 3 Gray, 1-i2, there was a devise of certain land... | |
 | 1905 - 1104 էջ
...Smith v. Edwards, 88 NY 92, there was no trust created. Judge Finch said : "It has been often held that, if futurity is annexed to the substance of the gift, the vesting is suspended ; but where the gift is absolute, and the time of payment only is postponed, the gift is not suspended, but... | |
 | 1910 - 1168 էջ
...contingent, depending upon the beneficiary arriving of age or surviving some other person, or the like. If futurity is annexed to the substance of the gift, the vesting is suspended; but if it appear to relate to the time of payment only, the legacy vests instanter." For the rule In England,... | |
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If futurity is annexed to the substance of the gift, the vesting is suspended ; but if it appear to relate to the time of payment only, the legacy vests instanter. 
