Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/181

 Ch. 11. if A be tenant for twenty years, remainder to B in fee; here B's is a veted remainder, which nothing can defeat, or et aide.

or executory remainders (whereby no preent interet paes) are where the etate in remainder is limited to take effect, either to a dubious and uncertain peron, or upon a dubious and uncertain event; o that the particular etate may chance to be determined, and the remainder never take effect.

, they may be limited to a dubious and uncertain peron. As if A be tenant for life, with remainder to B's eldet on (then unborn) in tail; this is a contingent remainder, for it is uncertain whether B will have a on or no: but the intant that a on is born, the remainder is no longer contingent, but veted. Though, if A had died before the contingency happened, that is, before B's on was born, the remainder would have been abolutely gone; for the particular etate was determined before the remainder could vet. Nay, by the trict rule of law, if A were tenant for life, remainder to his own eldet on in tail, and A died without iue born, but leaving his wife eneint or big with child, and after his death a pothumous on was born, this on could not take the land, by virtue of this remainder; for the particular etate determined before there was any peron in ee, in whom the remainder could vet. But, to remedy this hardhip, it is enacted by tatute 10 & 11 W. III. c. 16. that pothumous children hall be capable of taking in remainder, in the ame manner as if they had been born in their father's life-time: that is, the remainder is allowed to vet in them, while yet in their mother's womb.

pecies of contingent remainders, to a peron not in being, mut however be limited to ome one, that may by common poibility, or potentia propinqua, be in ee at or before the particular etate determines. As if an etate be made to A for Rh