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Vest

Defined in 7 dictionaries — Cyclopedic (1922), Ballentine's (1916), Bouvier (1914), Black's (1910), Kinney (1893), Anderson (1889), Abbott (1879)

The Cyclopedic Law Dictionary

Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

To give an immediate fixed right of present or future enjoyment; to give a legal or an equitable seisin. 246 Pa. St. 348; Ann. Cas. 1916D 573. An estate is vested in possession when there exists a right of present enjoyment; and an estate is vested in interest when there is a present fixed right of future enjoyment. Fearne, Cont. Rem. 2. See Rop. Leg. 757; Comyn, Dig.; Vern. 323, note; 5 Yes. 511.

Ballentine's Law Dictionary

James A. Ballentine · 1916

To give an immediate right of present or future enjoyment. See 56 N. H. 25, 22 Am. Rep. 408.

Bouvier's Law Dictionary and Concise Encyclopedia

John Bouvier; revised by Francis Rawle · 1914

To give an immediate fixed right of present or future enjoyment. An estate is vested in possession when there exists a right of present enjoyment; and an estate is vested in interest when there is a present fixed right of future enjoyment. Fearne, Cont Rem. 2.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

To accrue to; to be fixed; to take effect; to give a fixed and indefeasible right An estate is vested in possession when there exists a right of present enjoyment; and an estate is vested in interest when there is a present fixed right of future enjoyment. Fearne, Rein. 2. To clothe with possession; to deliver full possession of land or of an estate; to give seisin; to enfeoff. Speiman.

A Law Dictionary and Glossary

George C. Kinney · 1893

To clothe; to clothe with possession; to deliver full possession of land or of an estate; to pass to a person; to give an immediate ^Vested. Fixed; passed in right or enjoyment. Vested legracy: a legacy the right to which is vested permanently in the legatee, though the legacy is not payable until a future time. Vested remainder: a fixed interest in lands or tenements to take effect in possession, after a particular estate is spent.

A Dictionary of Law

William C. Anderson · 1889

io 1. To clothe, robe; to cover, surround; to put something upon a person, confer upon, endow, put into the possession of, intrust to: as, to vest a person or a court with discretion, authority, power, jurisdiction. 3. To give an immediate, fixed right, of present or future enjoyment.'^ ' United States v. Open Boat, 5 Mas. 187, 134 I Story, J. » King V. Greenway, 71 N. Y. 416 (1877), cases. 8 The Pioneer, 30 F. R. 208 (1886). < Chaffe II. Ludeling, 27 La. An. 611 (1875). 'Moores v. Louisville Underwriters, 14 F. R. 238 (1882); Raft of Cypress Logs, 1 Flip. 543 (1876). « [The Sally, 1 Gall. 59 (1812), Story, J. ' Hays V. Pacific Mail Steamship Co., 17 How. 598 (1864), Nelson, J. » The Strathairly, 124 U. S. 558 (1888). • The Fidelity, 16 Blatoh. 573 (1879), cases. A statute, deed, or will is said to vest an estate or property in a person, or to vest him with the estate, meaning to confer upon him ownership in the subject thereof; and an estate is said to vest, and to become yested, in a person when it becomes his property. A contract for the sale Qf ascertainecl goods " vests " the property immediately in the buyer, and the right to the price in the seller, unless that is not the intention.' Devest. To remove, take away, withdraw: as, to devest a person of authority, power, right, title to property. Opposed, invest. Divest is common, but' not approved. Adjudication in bankruptcy ipso facto devests the debtor of all rights of property. The repeal of a statute does not devest vested rights. See Repeal; Retrospective. Invest. To clothe. (1) To put a thing upon one; to confer, put into one's possession, convey the exercise of: as, to invest with discretion or authority. (2) To surround with, place in; to lay out money, or its equivalent, so as to produce an income; to put out money at interest. See further Invest. Vested. Not subject to a condition precedent or unperformed: as, a vested estate, interest, right; which may be either present or immediate, or even future but uncotitingent, and, therefore, transmissible, and may be qualified by a condition which does not delay the actual vesting. Other examples are " vested " legacies and remainders, qq. v. Opposed, contingent. An estate is vested when there is a person in being who will have an immediate right to the possession of the lands upon the ceasing of the intermediate or precedent estate; 2 — when there is an immediate right of present enjoyment, or a present fixed right of future enjoyment.'

In the widest sense, vested rights are rights which are complete and consummated, so that nothing remains to be done to fix the right of the citizen to enjoy them.* See further Eight, 3 (2); Vested. I Hatch V. Standard Oil Co., 100 U. S. 134 (1879), cases. = Tayloe v. Gould, 10 Barb. 396 (1851), Parker, J.; 38 id. 367. 3 4 Kent, 203; 3 Sm. & M. 347. The law favors the vesting of estates, rather than their resting upon contingencies.*

Dictionary of Terms and Phrases Used in American or English Jurisprudence

Benjamin Vaughan Abbott · 1879

This verb is used both transitively and intransitively. A statute or a deed is said to vest an estate in some person, or to vest a person with the estate, meaning to confer the ownership in the subject upon him; or an estate is said to vest or become vested in a person, when it becomes his. Vest does not always imply actual present enjoyment; if the ownership or title is unqualifiedly conferred, the estate or property is vested, although the enjoyment is postponed. A legacy given unconditionally is vested, although not payable for some time to come. Vested estate, or interest. Any estate or interest is called vested, whether in possession or not, which is not subject to any condition precedent and unperformed. The interest may be either a present and immediate interest, or it may be a future but uncontingent, and therefore transmissible, interest. A vested interest is not necessarily an unconditional interest; on the contrary, it is frequently qualified by some condition, being, however, a condition which An estate is vested when there is a person in being who will have an immediate right to the possession of the lands upon the ceasing of any intermediate or precedent estate. See Tayloe v. Gould, 10 Barb. 388, 396; Sheridan v. House, i Abb. App. Dec. 218. Vested legacy. A legacy is said to be vested when the words of the testator making the bequest convey a transmissible interest, whether present or future, to the legatee in the legacy. Thus, a legacy to one, to be paid when he attains the age of twenty-one years, is a vested legacy, because it is given unconditionally and absolutely, and therefore vests an immediate interest in the legatee, of which the enjoyment only is deferred or postponed; and if such legatee die before that age, his representatives shall receive it out of the testator's personal estate at the time that it would have become payable had the legatee himself lived. But if the legacy were given when or if the legatee attain a certain age, it would not be vested, i.e. transmissible, until that age; and if the legatee were to die before that age, the legacy would fail to take effect, and his representatives could make no claim to it. For in this case the bequest is as it were a conditional one, depending on the happening of a certain event; viz., the legatee's attaining the specified age. Vested in possession. A phrase used to indicate that an estate is an estate in possession, as opposed to an estate in reversion or remainder. Vested remainder. A vested remainder is where a present interest passes to a certain and definite person, but to be enjoyed in future. Poor v. Considine, 6 Wall. 468; Cuyler v. Terr Ul, 1 Abb. U. S. 169. See Remainder. Vested right. This term is not applicable to an existing remedy or penalty. Parmelee v. Lawrence, 48 lU. 331. Vesting order. An order of court conferring upon some person designated the legal estate in property, generally land. A vesting order is often made under the English trustee acts, when the trustees appointed are unwilling or unable to act in the execution of the trusts; or when, for any reason, it is desirable to appoint new trustees, and it is found impracticable or inconvenient to procure a conveyance to