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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. "
Reports of Cases in Law and Equity in the Supreme Court of the State of New York - Page 677
by Oliver Lorenzo Barbour, New York (State). Supreme Court - 1858
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volume 28

United States. Supreme Court - 1830 - 584 pages
...course- precedent; 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 fKttn the whole will, the condition is subsequent. In the case under consideration,...
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The Connecticut Digest: Comprising All the Decisions in Kirby's Reports, the ...

Henry Dutton - 1833 - 602 pages
...course precedent; 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." Finlay v. King's Lessee,...
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A New Abridgment of the Law with Large Additions and Corrections, Volume 6

Matthew Bacon, Sir Henry Gwilliam, Charles Edward Dodd - 1846 - 890 pages
...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 ..., Volume 2

Asa Kinne - 1852 - 736 pages
...is precedent ; and unless it is 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 will, the condition is subsequent. — Finlay v. King's Lessee,...
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Reports of Cases in Law and Equity, Argued and Determined in the ..., Volume 23

Georgia. Supreme Court - 1858 - 718 pages
...course precedent ; and unless it be performed, the legatee can take nothing. If on the contrary, the act does not necessarily precede the 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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A Full and Arranged Digest of the Decisions in Common Law, Equity ..., Volume 1

Richard Peters - 1860 - 836 pages
...is precedent, and unless it is 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 ia subsequent. IM. 374. 24. It is a general...
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Volume 246

Illinois. Supreme Court - 1911 - 726 pages
...connection in which used. (Finlay v. King's Lessees, 3 Pet. 346; Creswell v. Lawson, 7 G. & J. 227.) If the act or condition required does not necessarily...but may accompany or follow it, and if the act may be as well done after as before the vesting of the estate, or if, from the nature of the act to be...
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Volume 297

Illinois. Supreme Court - 1921 - 696 pages
...the courts favor a construction making the condition subsequent. If the performance of the condition does 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 of the act and the...
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A Treatise on the American Law of Real Property, Volume 1

Emory Washburn - 1864 - 776 pages
...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 of the act to be...
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Reports of Cases Heard and Determined by the Supreme Court of ..., Volume 113

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 pages
...precedent; 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." (Capitals mine.) With...
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