Reports of Cases Determined By the Supreme Court of the State of ..., volume 270

Cover Reports of Cases Determined By the Supreme Court of the State of ..., volume 270
Reports of Cases Determined By the Supreme Court of the State of ..., volume 270
Missouri. Supreme Court
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In short, no subse- quent contingency so modifies the situation as to ren- der inaccurate our statement above of the ultimate question involved.
Attending now specifically to the last question put, since in the view we take of the case it may be disposed of upon that point alone : We are of the opinion that the income here provided for appellant vests in possession at once. Its taking effect as a bequest of an income ij3 not postponed to the happening of any contingency what- ever ; it does not
... depend upon the falling in of any prior estate for either life or years, nor is it a remainder. It takes effect in immediate possession, just as, in all re- spects and just as surely as, any other devise or bequest of an estate in trust, wherein the income alone is to be paid to the cesM que trust. Only the amount of the in- come and the duration of the right to enjoy it are doubt- ful, or subject to be either changed or defeated — short of appellant's death — ^by contingencies. The contingency of duration for life or less, can be defeated only by ap- pellant's own voluntary act; that of imcertainty of amount of the annual income depends upon the judg- ment (semhle, to be exercised annually) of the trustee as to the amount which will be required for the support of the appellant.

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