Possibility

An uncertain thing which may happen. Lilly, Reg. An expectancy which is not founded on any limitation, provision, or trust, such, as the expectancy of an heir apparent, who may be disinherited by will, or may not survive the ancestor. (1) A bare possibility is one that is not coupled with an interest, as that a son may inherit the lands of his father, who is living. tate upon the happening of a contingency is ascertained and fixed. (3) A near or common possibility is such as death or death without issue. (4) A remote possibility is such as a remainder to the heirs of a person not in being. 4 Kent, Comm. 206, 262.

An uncertain thing which may happen. Lilly, Reg. A contingent interest in real or personal estate. 1 Madd. 549. Possibilities are near, as when an estate is limited to one after the death of another; or remote, as that one man shall be married to a woman, and then that she shall die and he be married to another. 1 Fonbl. Eq. n. e; Viner, Abr.; 2 Co. 51 a. Possibilities are also divided into — a possibility coupled with an interest. This may, of course, be sold, assigned, transmitted, or devised. Such a possibility occurs in executory devises, and in contingent, springing, or executory uses. See Bodenhamer v. Welch, 89 N. C. 81. A bare possibility, or hope of succession. This is the case of an heir apparent during the life of his ancestor. It is evident that he has no right which he can assign, devise, or even release. See Chal. R. P. 60. A possibility or mere contingent interest, as, a devise to Paul if he survive Peter. Dane, Abr. c. 1, a. 5, § 2, and the cases there cited. See Perpetuity.

An uncertain thing which may happen. A contingent interest in real or personal estate. Kinzie v. Winston, 14 Fed. Cas. 651; Rodenhamer v. Welch, 89 N. C. 78; Needles v. Needles, 7 Ohio St. 442, 70 Am. Dec. 85. It is either near, (or ordinary,) as where an estate is limited to one after the death of another, or remote, (or extraordinary,) as where it is limited to a man, provided he marries a certain woman, and that she shall die and he shall marry another.

— Bare possibility. The same as a "naked" possibility See infra.

— Naked possibility. A bare chance or expectation of acquiring a property or succeeding to an estate in the future, but without any present right in or to it which the law would recognize as an estate or interest. See Rogers v. Felton, 98 Ky. 148, 32 S. W. 406.

— Possibility coupled with an interest. An expectation recognized in law as an estate or interest, such as occurs in executory devises and shifting or springing uses; such a possibility may be sold or assigned.

— Possibility of reverter. This term denotes no estate, but only a possibility to have the estate at a future time. Of such possibilities there are several kinds, of which two are usually denoted by the term under consideration,
(1) the possibility that a common-law fee may return to the grantor by breach of a condition subject to which it was granted,
(2) the possibility that a common-law fee other than a fee simple may revert to the grantor by the nafural determination of the fee. Carney v. Kain, 40 W. Va. 758, 23 S. E. 650.

— Possibility on a possibility. A remote possibility, as if a remainder be limited in particular to A.'s son John, or Edward, it is bad if he have no son of that name, for it is too remote a possibility that he should not only have a son, but a son of that particular name. 2 Coke, 51.

An uncertain on a contingency. pectation which the bare possibility, as that ing. Possibility of upon condition. gency, as in the limitation ticular nama

An uncertain event, a contingency. Possibility coupled ■with an interest: an expectation recognized in law as an estate or interest; as where the person who is to take an estate on the happening of the contingency is named or ascertained; not a bare possibility, as the expectation of an heir apparent. Possibility on a possibility: a double contingency, as an estate limited to a man's unborn son John; it is bad in law. Possibility of reverter: the estate of the grantor of an estate upon condition.

An uncertain thing, which may or may not happen; such, for instance, as the chance of an heir apparent succeeding to an estate, or of a relation obtaining a legacy on the death of a kinsman. A possibility is said to be either near or remote, according to the degree of probability; examples given in the books are, that when an estate is limited to one after the death of another, this is a near possibility; but that a man shall be married to a woman and then that she shall die, and he be married to another, this is a remote possibility. These two kinds are also called, in Cholmley's case, 2 Coke, 51, where the doctrine of possibilities is much discussed, common and remote. They are also called ordinary and extraordinary possibilities. And a possibility is called bare when it is not coupled with any interest. Wharton. A possibility founded on a trust differs from a mere possibility: the first may be devised, the other not. Tomlins.

is an uncertain thing which may or may not happen, Lilly’s Reg. h. t.; or it is a contingent interest in real or personal estate. 1 Madd. Ch. 549. Possibilities are near, as when an estate is limited to one after the death of another; or remote, as that one man shall be married to a woman, and then that she shall die, and he be married to another. 1 Fonb. Eq. 212, n. (e); 16 Vin. Ab. h. t., p. 460; 2Co. 51 a.