Cases on Future Interests and Illegal Conditions and Restraints: Selected from the Decisions of English and American Courts |
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Results 1-5 of 100
Page 114
... death , except Dare , son of Anne Dare . The first question was , whether by Samuel's death in the testator's lifetime , the several limitations between him and Dare were not become void ; there being no particular estate to support ...
... death , except Dare , son of Anne Dare . The first question was , whether by Samuel's death in the testator's lifetime , the several limitations between him and Dare were not become void ; there being no particular estate to support ...
Page 127
... death , which were in Brackenbury v . Gibbons , and which we have here , did not occur . The Vice - Chancellor says that Every gift which can take effect as a remainder absolutely excludes its being treated as an executory devise . " I ...
... death , which were in Brackenbury v . Gibbons , and which we have here , did not occur . The Vice - Chancellor says that Every gift which can take effect as a remainder absolutely excludes its being treated as an executory devise . " I ...
Page 128
... death of the ten- ant for life were to take ? If the devise be to A. for life , and after her death simply to a class of children who shall attain twenty - one or marry , I agree that those members of the class who have not attained ...
... death of the ten- ant for life were to take ? If the devise be to A. for life , and after her death simply to a class of children who shall attain twenty - one or marry , I agree that those members of the class who have not attained ...
Page 129
... death or respective deaths as tenants in common of more than one , and the heirs and assigns of such children , child , and issue respectively , but so that such issue should take only the share or respective shares which the deceased ...
... death or respective deaths as tenants in common of more than one , and the heirs and assigns of such children , child , and issue respectively , but so that such issue should take only the share or respective shares which the deceased ...
Page 137
... death , B. will be entitled when he attains twenty - one . In this case the gift to him never could by any possibility , under the circumstances existing at the testator's death , take effect as a remainder ; therefore it will be held a ...
... death , B. will be entitled when he attains twenty - one . In this case the gift to him never could by any possibility , under the circumstances existing at the testator's death , take effect as a remainder ; therefore it will be held a ...
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Other editions - View all
Future Interests and Illegal Conditions and Restraints Albert Martin Kales,John Chipman Gray No preview available - 2023 |
Future Interests and Illegal Conditions and Restraints Albert Martin Kales,John Chipman Gray No preview available - 2023 |
Common terms and phrases
age of twenty-one appears attain the age attained twenty-one bequeathed bequest chil child or children clause common law condition construction construed contingent remainder conveyance conveyed Court of Chancery court of equity covenant daugh daughter decease decision declared decree deed default defendant died directed dren entitled estate tail event executed executors executory devise fee simple fee tail feoffees feoffment freehold fund gift give given grant grantor heirs at law heirs male held intention interest John judgment land lease legacy legatee lessor lifetime limitation living Lord Lord Chancellor marriage Mary moiety Monte Alta opinion particular estate payment personal estate plaintiff possession power of appointment premises question real estate remainderman rent residuary residue rule rule against perpetuities rule in Shelley's Sarah seised seisin settlement statute surviving survivor take effect tate tenant term testatrix thereof tion trust void widow wife William words heirs
Popular passages
Page 164 - Witnesseth that the said party of the first part for and in consideration of the sum of Three Thousand Dollars, lawful money of the United States of America to him in hand paid by the said party of the second part...
Page 471 - I give, devise and bequeath all the rest, residue and remainder of my estate, both real and personal, to my beloved wife, Susie E. Smith, to have and to hold to her, my said wife, and to her heirs and assigns forever.
Page 283 - It is a rule of law, that when the ancestor, by any gift or conveyance, takes an estate of freehold ; and in the same gift or conveyance an estate is limited, either mediately or immediately to his heirs in fee or in tail, that always in such cases, the heirs are words of limitation of the estate, and not words of purchase.
Page 204 - Every future estate shall be void in its creation, which shall suspend the absolute power of alienation for a longer period than is prescribed in this Article. Such power of alienation is suspended, when there are no persons in being, by whom an absolute fee in possession can be conveyed.
Page 443 - Osborne, their heirs and assigns, upon trust that they, or the survivor of them, or the heirs, executors or administrators of such survivor...
Page 204 - Future estates are either vested or contingent. They are vested, when there is a person in being who would have an immediate right to the possession of the lands, upon the ceasing of the intermediate or precedent estate. They are contingent, whilst the person to whom, or the event upon which they are limited to take effect, remains uncertain.
Page 841 - ... the construction of a will is to ascertain the intention of the testator as expressed in the...
Page 589 - The common-law period of the Rule Against Perpetuities" and its conception of vesting were adopted by California in 195162 as Civil Code section 715.2: No interest in real or personal property shall be good unless it must vest, if at all, not later than 21 years after some life in being at the creation of the interest and any period of gestation involved in the situation to which the limitation applies.
Page 489 - ... the rule against perpetuities. "The rule against perpetuities is thus stated : 'No interest subject to a condition precedent is good unless the condition must be fulfilled, if at all, within twenty-one years after some life in being at the creation of the interest.
Page 78 - ... be from henceforth clearly deemed and adjudged to be in him or them that have, or hereafter shall have, such use, confidence or trust, after such...