Owens v. Davis

Duckworth, Chief Justice.

Perhaps much confusion in the decisions of this court has arisen because of the failure to understand clearly the true meaning of both Code § 85-703, which merely defines a vested remainder and a contingent remainder, and Code § 85-704, which confers rights upon the heirs of a remainderman who dies before the time arrives for possessing his estate. The latter section first says, “his heirs shall be entitled to a vested-remainder interest,” and this could be true only in cases of vested remainders. But it then states his heirs are entitled to “a contingent-remainder…