| 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,... | |
| 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,... | |
| 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... | |
| 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,... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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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