Green v. Gordon
Court of Appeals for the D.C. Circuit
Hearing on an appeal by tbe defendants from a decree of the Supreme Court of the District of Columbia sitting as an equity court, construing a will.
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Hearing on an appeal by tbe defendants from a decree of the Supreme Court of the District of Columbia sitting as an equity court, construing a will. The Court in the opinion stated the facts as follows: This is a proceeding in equity brought in the supreme court of the District of Columbia by the appellees, plaintiffs below, William A. Gordon and J. Holdsworth Gordon, trustees under the last will and testament of Osceola C. Green, deceased, for a judicial construction of the will and codicils of Ann Green, deceased. The issue was raised by the heirs-at-law of one George F. Green, who claim…
1Opinion of the CourtJustice Van Orsdel
It is clear that we are here dealing with an estate in remainder. We must therefore first consider whether it is a vested or contingent remainder. “Vested remainders (or remainders executed, whereby a present interest passes to the *451party, though to be enjoyed in futuro) are where the estate is invariably fixed, to remain to a determinate person, after the particular estate is spent.” “Contingent or executory remainders (whereby no present interest passes) are where the estate in remainder is limited to take effect, either to a dubious and uncertain person, or upon a dubious and uncertain…
2Cases cited7 opinions
- Davis v. GraySupreme Court of the United States · 1873
- Doe v. ConsidineSupreme Court of the United States · 1868
- Finlay v. King's LesseeSupreme Court of the United States · 1830
- Croxall v. ShererdSupreme Court of the United States · 1867
- Cropley v. CooperSupreme Court of the United States · 1874
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- American Security & Trust Co. v. SullivanDistrict Court, District of Columbia · 1947
- O'Neill v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1942
- Singer v. SingerDistrict of Columbia Court of Appeals · 1994