An Essay On the Learning of Contingent Remainders And Executory Devices volume
An Essay On the Learning of Contingent Remainders And Executory Devices volume
Charles Fearne
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II. 21. 1. ] OF EXP:CUT0RY interests. [§G3«^— G44. [ 327 ] G39 A remainder or quasi remainder, as will appear in a subsequent chapter, is ordinarily capable of operating as an alternative limitation, in case of the non- Sec § 6G'J. Vesting of the prior interest: Avhcreasan alternative limitation can never operate as a remainder or (/nasi remainder; and See § 130. Yet, it may be clear that the testator did not intend that the subsecjuent limitation, wiiich is capable of taking elfect as a remain...der or quasi remainder, should entirely fail, merely because the prior limitation had once vested, though merely for a moment. G40 On the contrary, in all cases where the words do not clearly constitute a mere alternative limita- tion ; and there is no indication, in any other part, that they were intended to create a mere alternative limitation ; and where the prior limitation does not carry the fee in real pro- See § 159, party, or absolute interest in personal property, and conse- 1G5.
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