leading inquiry in California

1949As said in the note to Goebel v. Wolf, 113 N.Y. 405 [ 10 Am.St.Rep. 470 , 21 N.E. 388 ], quoted approvingly by this court in In re Rogers, 94 Cal. 526, 530 [ 29 P. 962 ]: ‘The leading inquiry upon which the question of vesting or not vesting turns is, whether the gift is immediate, and the time of, payment or of enjoyment only postponed, or is future and contingent, depending upon the beneficiary arriving of age, or surviving some other person, or the like . . .

1949As said in the note to Goebel v. Wolf, 113 N.Y. 405 [ 10 Am.St.Rep. 470 , 21 N.E. 388 ], quoted approvingly by this court in In re Rogers, 94 Cal. 526, 530 [ 29 P. 962 ]: ‘The leading inquiry upon which the question of vesting or not vesting turns is, whether the gift is immediate, and the time of, payment or of enjoyment only postponed, or is future and contingent, depending upon the beneficiary arriving of age, or surviving some other person, or the like . . .

1936The authorities to this effect are exceedingly numerous, both in England and America; but it seems to us unnecessary, in the present state of the law, to do more than to refer to the leading principle as recognized by this court in Fenwick v. Sears, 1 Cranch, 259 [ 2 L.

1936The authorities to this effect are exceedingly numerous, both in England and America; but it seems to us unnecessary, in the present state of the law, to do more than to refer to the leading principle as recognized by this court in Fenwick v. Sears, 1 Cranch, 259 [ 2 L.

1936Ed. 101 ], Dixon’s Exrs. v. Ramsay’s Exrs., 3 Cranch, 319 [ 2 L.

1936Ed. 101 ], Dixon’s Exrs. v. Ramsay’s Exrs., 3 Cranch, 319 [ 2 L.

1904The two cases cited from the United States supreme court reports (Thompson v. Insurance Co., 104 U. S. 252 , and New York *87 Life Ins.

1864It has been repeatedly said that every State statute, the object and provisions of which are among the acknowledged powers of legislation, is valid and constitutional; and such presumption is not to be overcome unless the contrary is clearly demonstrated.” In Clark v. The People, 26 Wend. 606 , Chancellor Walworth said : “ Courts ought not, except in cases admitting of no reasonable doubt, to take upon them to say that the Legislature has exceeded its power, and 'violated the Constitution, especially where the legislative construction has been given to the Constitution by those who framed its

1859In the next place, they are bound not to overload the coach, either with passengers or luggage, and they are to take care that the weight is suitably adjusted, so that the coach is not top-heavy, and made liable to overset.” Many cases are cited by the author in support of these propo-. sitions—but it is unnecessary to cite them, as it is believed the authorities are uniform to this leading doctrine, unless the case of Boyce v. Anderson, ( 2 Peters, 150 ,) be an exception; and if it be, it is, in effect, overruled by the later case of Stokes v. Saltonstall, (13 Id. 181 .) In Farish & Co. v. Re

1859In the next place, they are bound not to overload the coach, either with passengers or luggage, and they are to take care that the weight is suitably adjusted, so that the coach is not top-heavy, and made liable to overset.” Many cases are cited by the author in support of these propo-. sitions—but it is unnecessary to cite them, as it is believed the authorities are uniform to this leading doctrine, unless the case of Boyce v. Anderson, ( 2 Peters, 150 ,) be an exception; and if it be, it is, in effect, overruled by the later case of Stokes v. Saltonstall, (13 Id. 181 .) In Farish & Co. v. Re

1858The payment of the entire purchase-money had been made by the plaintiff, and this has been regarded by many authorities as a part performance. (2 Parsons on Contracts, 552; Williard’s E., 284.) The plaintiff also relies upon the leading principle announced in the decision of this Court in the case of Lee v. Evans, ( 8 Cal. Rep., 424 .) As there has been a renewed discussion of this question, especially in the late dissenting opinion of Judge Field, in the case of Johnson v. Sherman, it is proper to state some further reasons in support of the conclusion to which a patient and anxious considera