Richardson v. Penicks
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the complainant from a decree of the Supreme Court of the District of Columbia, holding an equity term, sustaining a demurrer to a bill to subject the estate of a deceased infant to the payment of an indebtedness due for his maintenance and education.
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Hearing on an appeal by the complainant from a decree of the Supreme Court of the District of Columbia, holding an equity term, sustaining a demurrer to a bill to subject the estate of a deceased infant to the payment of an indebtedness due for his maintenance and education. The Court in its opinion stated the case as follows: Appellant, Harriet Richardson, filed this bill in the court below to establish a claim for $2,540.10 against the estate of George R. Lawrie, deceased, and to procure the sale of a certain lot in the city of Washington in satisfaction thereof. * It is alleged that…
1Opinion of the CourtJustice Shepard
■ i. The first question is, What estate did Geo. R. Lawrie take by the terms of this devise? Was it a vested or a contingent remainder?
“A vested remainder is where a present interest passes to a certain and definite person, but to be enjoyed in futuro. There must be a particular estate to support it. The remainder must pass out of the grantor at the creation of the particular estate. It must vest in the grantee during the continuance of the estate, eo instanti that it determines.”
“A contingent remainder is where the estate in remainder is limited either to a dubious or uncertain person, or…
2Cases cited4 opinions
- Doe v. ConsidineSupreme Court of the United States · 1868
- Doe, on the demise of Chamberlain v. OwingsCourt of Appeals of Maryland · 1869
- Dougherty v. Monett's LesseeCourt of Appeals of Maryland · 1833
- Wyse v. Smith & BuchananCourt of Appeals of Maryland · 1832
3Cited by2 opinions
- Scott v. Powell, and Four Other CasesCourt of Appeals for the D.C. Circuit · 1950
- O'Neill v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1942