Mercer v. . Downs

Tbe determinative question is whether or not the remainder created by item second of said will is vested or contingent. If said item creates a vested remainder, then the plaintiffs can convey a fee-simple title; and, upon the other hand, if the remainder is contingent, then the plaintiffs cannot convey such a title.

A vested remainder is thus defined in Tiffany Eeal Property, (2 ed.), sec. 135 : “A vested remainder is an estate which is deprived of the right of immediate possession by the existence of another estate created by the same instrument.” The same author defines a contingent…