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Contingent Interest - Law Dictionary Search Results

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wait and see

wait and see : a doctrine in property law that postpones determining the question of validity of a future interest that has not yet vested (as a contingent remainder) until circumstances make clear whether or not the interest will vest within a time limit compare rule against perpetuities NOTE: A minority of states have adopted the wait and see doctrine. ...


Remainder

Remainder [fr. remanentia, Lat.], that expectant portion, remnant, or residue of interest which, on the creation of a particular estate, is at the same time limited over to another, who is to enjoy it after the determination of such particular estate.After 1925 remainders can operate only as equitable interests, and in that manner they can be created in respect of personality as well as realty. The follow-ing explanation of legal remainders has been retained as relating to titles to land existing before 1926, and see (English) Law of Property Act, 1925, s. 4, as to the construction of equitable interests.A remainder may be limited in all freehold estates, but not strictly and technically in chattels real and personal, although these may be limited over after a previous limitation or a partial interest in them. It may be limited by way of use (which is, in practice, the usual method), as well as by a conveyance deriving its effect from the Common Law.In the same land there may at the sa...


Contingent remainder

Contingent remainder, a remainder limited so as to depend on an event or condition which may never happen or be performed, or which may not happen or be performed till after the determination of the preceding estate, Fearne, Cont. Remainders.The legal estate in contingent remainders has been abolished by the Law of Property Act, 1925, s. 1. S. 4, whoever, provides that they can take effect as equitable interests, and any instrument creating a contingent remainder has become a settlement under s. 1 (ii) of the (English) S.L. Act, 1925. See SETTLED LAND.In Smith d. Dormer v. Parkhurst, (1740) 18 Vin. Abr. 413; 6 Bro. Cas. Par. 351, the Court held that, in every case where an estate is given to A. for life, the grantor has an interest remaining in him to enter upon the estate, if it should determine by any act of the tenant amounting to a forfeiture; that this right is inherent in the grantor, from the nature of the estate itself, and may be conveyed to trustees; and that, when it is conv...


bond

bond 1 a : a usually formal written agreement by which a person undertakes to perform a certain act (as appear in court or fulfill the obligations of a contract) or abstain from performing an act (as committing a crime) with the condition that failure to perform or abstain will obligate the person or often a surety to pay a sum of money or will result in the forfeiture of money put up by the person or surety ;also : the money put up NOTE: The purpose of a bond is to provide an incentive for the fulfillment of an obligation. It also provides reassurance that the obligation will be fulfilled and that compensation is available if it is not fulfilled. In most cases a surety is involved, and the bond makes the surety responsible for the consequences of the obligated person's behavior. Some bonds, such as fidelity bonds, function as insurance agreements, in which the surety promises to pay for financial loss caused by the bad behavior of an obligated person or by some contingency over w...


destructibility of contingent remainders

destructibility of contingent remainders :a now largely abolished rule in the law of estates that a contingent remainder that fails to vest upon the termination of the preceding estate is destroyed see also executory interest at interest ...


remainder

remainder [Anglo-French, from Old French remaindre to remain] 1 : an estate in property in favor of one other than the grantor that follows upon the natural termination of a prior intervening possessory estate (as a life estate) created at the same time and by the same instrument compare future interest at interest, reversion charitable remainder : a remainder in favor of a charity contingent remainder : a remainder that is to take effect in favor of an unidentifiable person (as one not yet born) or upon the occurrence of an uncertain event called also executory remainder cross remainder : either of two or more remainders in favor of two or more persons so that upon the termination of one remainder that share goes to the other or others executory remainder : contingent remainder in this entry remainder vested subject to open : a vested remainder that is subject to diminution by the shares of other remaindermen (as children born later) vested remainder : a remainder in the fa...


Actuary

Actuary, a registrar of a public body. Also a clerk who registers the acts and constitutions of the Lower House of Convocation; or a registrar in a Court Christian. Especially a person skilled in calculating the value of life interests, annuities, and insurances. The (English) Local Government and other Officers' Superannuation Act, 1922 (12 & 13 Geo. 5, c. 59), defines actuary as meaning a fellow of the Institute of Actuaries or the Faculty of Actuaries in Scotland. The Institute of Actuaries was formed in 1848 and incorporated by royal charter on July 29, 1884.An actuary possessing such qualifications as may be by regulations made by authority. [Insurance Act (4 of 1938), s. 2(a)]Means a person skilled in determining the present effects of future contingent events or in finance modelling and risk analysis in different areas of insurance, or calculating the value of life interests and insurance risks, or designing and pricing of policies, working out the benefits, recommending rates r...


Compulsory deposite

Compulsory deposite, 'Compulsory deposit means a subscription to, or deposit in a Provident Fund which under the rules of the Fund, is not until the happening of some specified contingency repayable on demand otherwise than for the purpose of the payment of premia in respect of a policy of life insurance (or the payment of subscriptions or premia in respect of a family pension fund), and includes any contribution and any interest or increment which has accrued under the rules of the fund on any such subscription, deposit, contribution, and also any such subscription, deposit, contribution interest or increment remaining to the credit of the subscriber or depositor after the happening of any such contingency', Union of India v. Hira Devi, AIR 1952 SC 227 (228): (1952) SCR 765. [The Provident Funds Act XIX of 1925, s. 2 (a)]...


Obligor

Obligor, he who enters into an obligation or bond; a debtor.It means a person liable to a originator, whether under a contract or otherwise, to pay a financial asset or to discharge any obligation in respect ofa financial asset, whether existing, future, con-ditional or contingent and includes the borrower. [Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002), s. 2(1)(q)]Means (1) One who has undertaken an obligation is owed; a promisee or creditor. (2) One who is obliged to do something, Black's Law Dictionary, 7th Edn., p. 1104.Means a person liable to the originator, whether under a contract or otherwise, to pay a financial asset or to discharge any obligation in respect of a financial asset, whether existing, future, con-ditional or contingent and includes the borrower. [The Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, s. 2(q)]...


Real Property Act, 1845

Real Property Act, 1845 (English) (8 & 9 Vict. c. 106), repealed and substantially re-enacted and extended by ss. 4, 51, 52, 56, 59, 138 and 168 of the Law of Property Act, 1925. The main provisions of the Act of 1845 affect all titles after 1845; prior to 1926, they included:Partitions or exchanges of freehold land, leases required by law to be in writing, i.e., leases for three years or more (see FRAUD), and all assignments and surrenders of leases must be by deed.A contingent executory and future interest in land and a possibility coupled with an interest in land, and a right of entry whether immediate, future, vested, or contingent, may be disposed of by deed.When the reversion on a lease is gone by surrender or merger, the next estate is to be deemed the reversion--(so that if, e.g., A. in 1900 let land to B. for fourteen years and B. in 1903 surrender, after having sub-let to C. till the end of 1905, C. will become tenant to A. till the end of 1905, notwithstanding B.'s surrender...



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