Page:United States Statutes at Large Volume 47 Part 1.djvu/1179

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72d CONG RESS . SESS. II. CH. 128. FEBRUARY 27. 1933. SEC.209. VESTED INTERESTS .-A future interest is vested when t here is a person in being who would have a right, defeasible or indefeasible, to the immediate possession of the property, upon the ceasing of the inter media te or pre ceden t int eres t . SEC . 210. CONTINGENT INTERESTS .-A future interest is contingent, whilst the person in whom, or the event upon which, it is limited to take effec t rem ains unce rtain . SEC . 211 . Two OR MORE FUTURE INTERESTS .-TWO Or more future interests may be cre ated to take effect in the alternative, so that if the first in order fails to vest, the next i n succession shall b e substituted for it, and take effect accordingly . SEC . 212 . CERTAIN FUTURE INTERE STS NOT TO BE VOID .-A future interest is not void merely because of the improbability of the contingency on which it is limited to take effect . SEC . 213 POSTHuMoUS CHILDREN .-When a future interest is limited t o success ors, heirs, issue, o r children, posthumo us children are enti tled to take in the same manner as if living at the death of their parent . SEC. 214. QUALITIES OF EXPECTANT ESTATES .-Future interests pass Qualities of expect- ant esta tes . by succession, will, and transfer, in the same manner as present interests . Mere possibility nut SEC. 215 . SAME .-A mere possibility, such as the expectancy of an deemed an interest . heir apparent, is not to be deemed an interest of any kind . CROSS REF ERENCE Mere possibility cannot be transferred, see section 262 . interest in property is recognized by the law, except such as is defined in this code . CROSS REF ERENCE Conditional Legacies, see section 376 . SEC . 218. CONDITIONS .-Conditions are pre ced ent or subsequent . The former fix the beginning, the latter the ending, of the right . Caoss REFERENCES Condit ional obl igations, see sect ions 430 to 438 . Conditions copcurrent, see section 433 . Conditions precedent, what are, see sections 377 and 432 . Condition s subsequent , what are, see sections 380 and 434 . SEC . 219 . CERTAIN CONDITIONS PRECEDENT vOID .-If a condition precedent requires the performance of an act wrong of itself, the instrument containing it is so far void, and the right can not exist . If it requires the performance of an act not wrong of itself, but otherw ise un lawfu l, the inst rument take s effe ct an d the condi tion is void . Veste d. Conti ngent . Alternative. Certain future inter- ests not to be void . Posthumous ch) dren . Post, p.1181. 1155 SEC . 216 . WHAT FUTURE INTERESTS ARE RECOGNIZED:NO future what future interests recognized . Conditions of owner- CONDITIONS OF OWNERSHIP

ship . SEC . 217. FIXING THE TIME OF ENJOYMENT .-The time when the Fixing time of enjoy- ment . enjoyment o f property is to begin or end may be determined by computation, or be made to depend on events . In the latter case, the enjoyment is said to be upon condition . Post, p . 1175. Condit ions . Post, p . 1183 . Post, p . 118 3. Post, pp. 1175, 1152 . Post, pp. 1175, 1183 . Conditions prece- dent, when void. CROS S RE FEREN CES Future in terests defe ated by birt h of posthumo us child, see section 231 . Post, p . 1157. Post,

117 1,11 73, pp. Succession by posthumous children, see sections 344, 370, 419. 118 1