Legal Opinion · Dissent

Adams, Ex'r v. Dugan, Sheriff

Supreme Court of Oklahoma

Decided October 9, 1945No. 31232Published

1Dissent

HURST, V.C.J.

(dissenting). The majority opinion is based upon the assumption that the interest of George Steedman in the lands levied upon is at most a contingent remainder. I think it is a vested remainder.

1. Our statutes do not define vested and contingent remainder, though they refer to them. 60 O. S. 1941, ch. 2. We must look, then, to the general law for the distinctions.

In Black’s Law Dictionary (3d Ed.) a vested remainder is defined as one “limited to a certain person at a certain time or upon the happening of a necessary event”, and a contingent remainder is defined as one “limited to…

2Cases cited9 opinions

  1. Caples v. WardTexas Supreme Court · 1915
  2. Ducker v. BurnhamIllinois Supreme Court · 1893
  3. Markham v. WatermanSupreme Court of Kansas · 1919
  4. Olson v. WeberSupreme Court of Iowa · 1922
  5. Brett v. FielderSupreme Court of Oklahoma · 1928

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