Howbert v. Cauthorn

Citations

• 100 Va. 649
• 42 S.E. 683
• 1902 Va. LEXIS 71

Syllabus

<p>1. Remainders&emdash;Tested or Contingent&emdash;Construction.&emdash;The law prefers vested to .contingent remainders, and this preference may properly influence a court in cases of doubtful construction, as in fixing the period to which words of survivorship relate where this is left in doubt, but it can never justify the courts in straining the language used in order to make the estate created a vested rather than a contingent remainder.</p> <p>2. Remainders&emdash;Case in Judgment&emdash;Contingent Remainder&emdash;Attachment Against Remainderman.&emdash;In the case in judgment the grant was to a trustee in trust for the benefit of Lucy Ann Thomas for life, with remainder in fee-simple to the children of the said Lucy Ann living at her death, and the descendants of such as may be dead, in equal shares by stocks, and if there be no such child or children, nor of such, living at the death of the said Lucy Ann, then over. Lucy Ann and two children were living at the time of the grant, and are still living.</p> <p>Held: 1. The children take contingent remainders.</p> <p>2. The interest of each child is too unsubstantial and shadowy to be attached for the payment of his debts.</p> <p>3. Remainders&emdash;Tested Remainder Defined.&emdash;A remainder is vested when it is subject to no condition precedent, and is always ready, during its continuance, to come into the possession of a certain person, existing and ascertained, on the determination of the estate, now or hereafter, in any manner whatsoever.</p>