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" ... and unless it be performed the devisee can take nothing. If, on the contrary, the act does not necessarily precede the vesting of the estate, but may accompany or follow it, if this is to be collected from the whole will, the condition is subsequent. "
Congressional Serial Set - Seite 544
1893
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Band 28

United States. Supreme Court - 1830 - 584 Seiten
...before the estate can vest, the condition of course is precedent ; and unless it is performed, the devisee can take nothing. If, on the contrary, the...necessarily precede the vesting of the estate, but may accorap'apy or follow it, if this is to be collected from the whole will, the condition is subsequent....
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The Connecticut Digest: Comprising All the Decisions in Kirby's Reports, the ...

Henry Dutton - 1833 - 602 Seiten
...performed before the estate can vest, the condition is of course precedent; and unless it be performed, the devisee can take nothing. If, on the contrary, the...the whole will, the condition is subsequent." Finlay v. King's Lessee, 3 Pet. 374. The rule would be the same in the case of a deed. The most common instance...
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A New Abridgment of the Law with Large Additions and Corrections, Band 6

Matthew Bacon, Sir Henry Gwilliam, Charles Edward Dodd - 1846 - 890 Seiten
...be performed before it can vest, the condition is precedent. If, on the contrary, the act does not precede the vesting of the estate, but may accompany or follow it, the condition is subsequent. Finlay et al. v. King's Lessee, 3 Pet. 374.g' So, where there was a bequest...
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Questions and Answers on Law: Alphabetically Arranged. With ..., Band 2

Asa Kinne - 1852 - 736 Seiten
...be performed before the estate can vest, the condition is precedent ; and unless it is performed the devisee can take nothing. If, on the contrary, the...or follow it, if this is to be collected from the will, the condition is subsequent. — Finlay v. King's Lessee, 3 Peters' SC Rep., 377. SPECIFIC AND...
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Reports of Cases in Law and Equity, Argued and Determined in the ..., Band 23

Georgia. Supreme Court - 1858 - 718 Seiten
...the estate can vest, the condition is of course precedent ; and unless it be performed, the legatee can take nothing. If on the contrary, the act does...vesting of the estate, but may accompany or follow, and if this is to be collected from the whole will, the condition is subsequent. (3. Peters 346.) Still...
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Reports of Cases in Law and Equity in the Supreme Court of the ..., Band 20

Oliver Lorenzo Barbour, New York (State). Supreme Court - 1858 - 724 Seiten
...parties. Underbill v. The Saratoga, and Washington Rail Road Co. 455 2. If the act or condition required does not necessarily precede the vesting of the estate, but may accompany' or follow it, and if the act may bo as well done after as before the vesting of the estate, or if from the nature...
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A Full and Arranged Digest of the Decisions in Common Law, Equity ..., Band 1

Richard Peters - 1860 - 836 Seiten
...performed before the estate can vest, the condition of course is precedent, and unless it is performed the devisee can take nothing. If, on the contrary, the...to be collected from the whole will, the condition ia subsequent. IM. 374. 24. It is a general rule, that a devise in words of the present time, as "...
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Band 267

Illinois. Supreme Court - 1915 - 734 Seiten
...which the estate depends must be performed before the estate vests the condition is precedent, but if, on the contrary, the act does not necessarily...vesting of the estate but may accompany or follow it the condition is subsequent. 3. SAME — when court may look to the circumstances. If it is doubtful...
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A Treatise on the American Law of Real Property, Band 1

Emory Washburn - 1864 - 776 Seiten
...question. In the case cited below, the court state as a rule, that " if the act or condition required do not necessarily precede the vesting of the estate, but may accompany or follow it, and if the act may as well be done after as before the vesting of the estate ; or if from the nature...
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Reports of Decisions in the Supreme Court of the United States: With ..., Band 8

United States. Supreme Court, Benjamin Robbins Curtis - 1870 - 540 Seiten
...performed before the estate can vest, the condition is of course precedent ; and unless it be performed the devisee can take nothing. If, on the contrary, the act does not necessarily precede t hevesting of the estate, but may accompany or follow it, if this is to be collected from the whole...
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