Contingency as to possession. That which is expected or hoped for. Frequently used to imply an estate in expectancy. Estates are said to be in possession when the per- son having the estate is in actual enjoyment of that in which his estate subsists, or in expectancy, when the enjoyment is postponed, although the es- tate or interest has a present legal existence. A bargain in relation to an expectancy is, in general, considered invalid, unless the proof of good faith is strong; 2 Ves. 157; 1 Bro. Ch. 10; Jeremy, Eq. Jur. 397; 32S. W. Rep. (Ky.) 406. But it is well settled in equity that a deed which purports to convey property, which is in expectancy or to be subsequently ac- quired, or which is not the subject of grant at law, though inoperative as a grant or conveyance, will be upheld as an executory agreement, and enforced according to its intent, if supported by a valid considera- tion, whenever the grantor is in a condition to give it effect; per Strong, J., in 40 Pa. 37, 43; 11 Paige 290; 2S. & R. 507; 12 R. I. 560, 568; 10 H. L. Cas. 189, 211: 91 Pa. 96; id. 296. So it is said that an estate in ex- pectancy, though contingent, is a fair sub- ject of contract, and an agreement by an expectant heir in respect thereto, fairly made upon valuable considerations, will be enforced in equity; 45 Ill. 232; 1 Hoffm. Ch. 382; 5 Jones, Eq. 211; so also the interest which a person may take under the will of another living person; 2 Pa. 325; 9 Beav. 252; buta mere agreement to appropriate the money when received from a legacy will not operate as an assignment of it; 92 Pa. 196. An executory agreement between the husbands of two expectant legatees to divide equally what should be left to either of them has been enforced; 2P. Wms. 182; 2 Sim. 183. In a few instances the contrary is held; 7 Ohio St. 432; 125 Ind. 139; Cal. Civ. Code 700, 1045; and a conveyance to a wife upon consideration only of natural love and affection was held invalid, in equity, as against creditors at the time of the deed or the death of the ancestor; 87 Tenn. 759; so an agreement by a wife, as a collateral security for an old debt of the husband, will not be enforced; 40 Pa. 37. The general doctrine is undoubtedly to treat such an assignment as a contract en- forcible in equity, but Pomeroy considers it inadequate; 3 Pom. Eq. Jur. § 1287, n. 2; and prefers the theory that it is an actual transfer of the ownership of an equitable property right which ripens into an abso- lute title; id. § 1271. Such an agreement or assignment will be enforced against creditors of the grant- or and attaches to the estate, in equity, at the death of the ancestor; 46 Barb. 84. Equity will, in general, relieve a party from unequal contracts for the sale or pledge of expectancies, as they are in fraud of the ancestor. See 2 P. Wms. 182; 2 Sim. 183, 192; 5 id. 524; 1 Sto. Eq. Jur. § 342. But re- lief will be granted only on equitable terms; for he who seeks equity must do equity; id.; 1 Fonbl. Eq. b. 1, c. 2, § 13, note p. In dealing with such cases, the rule ap- plied by courts of equity is, as laid down in Chesterfield v. Janssen, to scrutinize them carefully according to the circumstances of each; 2 Ves. Sr. 125; and, if upon inad- equate consideration, or otherwise fraudu- lent, they will be relieved against and wholly or partially set aside; id.; 1 L. Cas. in Eq. 773; 2 Pom. Eq. Jur. § 953, and note, where the cases are collected.. In a leading modern English case the prin- ciple is thus stated: "The court will relieve 'expectant heirs' against bargains relating to their reversionary or expectant interest in cases of undervalue, of weakness due to age or poverty, and of the absence of in- dependent advice. But all these circum- stances must co-exist in order to entitle them to relief:" L. R. 8 Ch. 484. In that case it was held that the repeal of the usury laws in England has not altered the doctrine by which the court of chancery affords re- lief against improvident and extravagant bargains. In the opinion Lord Selborne directed attention to the fact that conceal- ment was usually a feature of these cases, but agreed with Lord St. Leonards that it was not an indispensable condition of equi- table relief; Sugd. Vend. & Pur., 11th ed. 316; differing, as to this point, with Lord Brougham; 2 Myl. & K. 456. The inde- pendent advice of a father seems to rebut the presumption of fraud; 2 App. Cas. 814; but old age or youth increases it; 2 Giff. 157; 4 D. J. & S. 388; or poverty and ig- norance; L. R. 10 Ch. 389; 40 Ch. D. 312. In the first of these two cases, Jessel, M. R., thus defined the term "expectant heir": "The phrase is used not in its literal mean- ing, but as including every one who has either a vested remainder, or a contingent remainder in a family property, including a remainder in a portion, as well as a remainder in an estate, and every one who has the hope of succession to the property of an ancestor, either by reason of his being the heir-apparent or