Possibility On A Possibility - Definition - Law Dictionary Home Dictionary Definition possibility-on-a-possibility

Definition :

Possibility on a possibility. Lord Coke lays it down as a rule that the event on which a remainder is to depend must be a common possibility, and not a double possibility, or a possibility on a possibility, which the law will not allow. Thus he tells us that the chance that a man and a woman, both married to different persons, shall themselves marry one another is but a common possibility. But the chance that a married man shall have a son named Geoffrey is stated to be a double or remote possibility; see Williams on Real Property; 2 Rep. 51 a; 10 Rep. 50 b; Co. Litt. 184 a. The idea that there cannot be a possibility and a possibility seems to have been a conceit invented by Popham, C.J., but it was never really intelligible, Whitby v. Mitchell, (1890) 44 Ch D p. 92, per Lindley, LJ, and never applied to trusts of personal estate [Re Bowles, (1902) 2 Ch 650]. It gave rise, however, to the rule, now well settled in regard to limitations and trusts of realty created by instruments coming into operation before 1926, but abolished in regard to those created by instruments coming into operation after 1925 by the Law of Property Act, 1925, s. 161 (see PERPETUITIES), that if land is limited to an unborn person for life, a remainder cannot be limited so as to confer an estate by purchase on that person's issue, Whitby v. Mitchell, ubi sup., and the rule applies to equitable as well as to legal limitations [Re Nash, (1910) 1 Ch 1]; and see also Re Park's Settlement, (1914) 1 Ch 595. Consult Williams on Real Property; Gray on Perpetuities, 2nd Edn. par. 125 et seq; and Wolst. And Ch Conveyancing Acts.

Post, after: occurring in a report or a text-book, is used to direct the reader to a subsequent part of the book.

A conveyance for letters or dispatches. The word is derived from positi, the horses carrying the letters or dispatches being kept or placed at fixed stations. The word is also applied to the person who conveys the letters to the houses where he takes up and lays down his charge, and to the stages or distances between house and house. Hence the phrases, 'post-boy,' 'post-horse,' 'post-house,' etc.

Contract through Post.--A letter of acceptance posted, though not received, if the post has been expressly or impliedly (as it usually is) authorized as a means of communication, creates a binding contract bet-ween the party offering and the party accepting as soon as it is posted, Household Fire Insurance Co. v. Grant, (1879) 4 Ex D 216, but a revocation of an offer is of no effect until brought to the mind of the person to whom the offer was made, and therefore a revocation sent by post does not operate from the time of posting it, Henthorn v. Fraser, (1892) 2 Ch 27.

Service by Post.--Service by means of registered post is frequently provided for by statute; see, e.g., s. 53 of the (English) Agricultural Holdings Act, 1923. See also R.S.C. Ord. LXVII., r. 2; also Ord. VIII., r. 39 of the County Court Rules, 1936, allows of the service of notices, etc., by ordinary post. See also (English) Companies Act, 1929, s. 370. See SER-VICE.

As to the meaning of 'service by post' in an Act of Parliament, see SERVICE.

The position or a job, State of Assam v. Ranga Muhammad, AIR 1967 SC 903.

Post is an employment, but every employment is not a post. A post may be created before the appoint-ment or simultaneously with it. A post under the State means a post under the administrative control of the State. The State may create or abolish the post and may regulate the conditions of service of persons appointed to the post, State of Assam v. Kanak Chandra Dutta, AIR 1967 SC 884 (886): (1967) 1 SC WR 228. (Constitution of India Arts. 310, 311)

Means a post within or outside India. [Administra-tive Tribunals Act, 1985 (13 of 1985), s. 3(b)]

A post, exists apart from the holder of the post. A post may be created before the appointment or simultaneously with it, Supdt. of Post Offices v. Rajamma, AIR 1977 SC 1677 (1679): (1977) 3 SCC 94.

Post, in the expression 'your reply by return of post fixes a time for acceptance and not the manner of accepting, Tin v. Holfmann & Co., (1873) 29 LT 271.

Means an appointment, job, office or employment. A position to which a person is appointed, R.K. Sabharwal v. State of Punjab, AIR 1995 SC 1371.