73 N.J. Eq. 532 | New York Court of Chancery | 1907
I am unable to discern any element of uncertainty or doubt in the solution of the question here presented. The interest of Eobert B. Hull in the trust bequest was that of a contingent remainder. He having died without issue prior to the termination of the life estate, one-third of the trust bequest lapsed at his death. In the absence of a defined inclusive residuary bequest testatrix died intestate as to this one-third of the trust property. In such case the next of kin of testatrix at her death take this one-third in accordance with the statute of distribution. Mulford v. Mulford, 42 N. J. Eq. (15 Stew.) 68, 74.
The distinction between a vested and contingent remainder, in a case like the present one, is well defined. The former is one that is so limited to a person in being and' ascertained that it is capable of taking effect in possession or enjoyment on a certain determination of the particular estate, without requiring the concurrence of any collateral contingency. The uncertainty as to the remainderman ever enjoying the estate, which is limited
I will advise a decree directing the trustees to make distribution of the one-third of the trust property now in question in the manner in which it would be distributed had Caroline C. Hull died intestate.