Paul v. Frierson

Citations

• 21 Fla. 529

Syllabus

<p>1. A vested remainder in land is a fixed interest in one person to take effect in possession after a preceding estate of another person therein is determined.</p> <p>2. When the right to the remainder interest in an estate depends upon some future event, which may or may not happen, it is a contingent remainder.</p> <p>3. A. executed to B. a deed of trust for the following purposes : “For the sole and separate use, profit and enjoyment of my said wife, Martha B. Frierson, subject to her entire control and management for and during her natural life, and at her death the said property shall be divided equally among' such of her children by me begotten as she may leave surviving her, the child or children of a deceased child to take that portion to which its parent would have been entitled Held, (a.) That the language created a contingent remainder, dependent upon survivorship. (b.) That the “children of a deceased child,” upon the decease of the parent, who was one of the children of the grantor described above, had the same contingent interest as the deceased parent.</p> <p>4. A person, though not a party to a suit, but having an interest in the subject matter thereof, may' bring a bill to review the decree in said suit if his interest is affected by said decree.</p> <p>5. A suit by John W. Paul, next friend of Esther J. Paul, a minor, is not a suit in the name of the minor. It should be Esther J. Paul, by her next friend, John W. Paul.</p>