An Inquiry Into the Effect of Limitations to Heirs of the Body in Devises: With Remarks on the Doctrine of Equity Concerning Doubtful Titles, and Titles Acquired by the Destruction of Contingent Remainders |
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Page 5
... Willcox took more than an estate for life , and Master Stratford being of a contrary opinion , so that no judgment 10 As J ( b ) Rolls , June 1823 . was given . The exception was argued again ( c SECT . I. ] OF WILLCOX V. BELLAERS .
... Willcox took more than an estate for life , and Master Stratford being of a contrary opinion , so that no judgment 10 As J ( b ) Rolls , June 1823 . was given . The exception was argued again ( c SECT . I. ] OF WILLCOX V. BELLAERS .
Page 54
... contrary inference . But Lord Eldon held , upon great consideration , that the words of the will did not raise a necessary in- ference that the gift of the whole to the one surviving , was intended to be subject to the same limitations ...
... contrary inference . But Lord Eldon held , upon great consideration , that the words of the will did not raise a necessary in- ference that the gift of the whole to the one surviving , was intended to be subject to the same limitations ...
Page 55
... contrary to the force of the expressions used , and was not warranted by necessary or rational inference . The clear result of the authorities , therefore , is decidedly adverse to the inference , by which it is endeavoured to restrain ...
... contrary to the force of the expressions used , and was not warranted by necessary or rational inference . The clear result of the authorities , therefore , is decidedly adverse to the inference , by which it is endeavoured to restrain ...
Page 60
... contrary heir ' in the singular number has , and issue ' may from the context , be construed words of limitation . " This admission is entitled to the greater weight , inasmuch as it will appear , in the progress of these observations ...
... contrary heir ' in the singular number has , and issue ' may from the context , be construed words of limitation . " This admission is entitled to the greater weight , inasmuch as it will appear , in the progress of these observations ...
Page 61
... contrary intent . When the Court thus pro- fesses to see more than meets the eye in former decisions , we are rather apt to distrust its judg- ment in the case immediately under its considera- tion , which may have been viewed through ...
... contrary intent . When the Court thus pro- fesses to see more than meets the eye in former decisions , we are rather apt to distrust its judg- ment in the case immediately under its considera- tion , which may have been viewed through ...
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An Inquiry Into the Effect of Limitations to Heirs of the Body in Devises ... William Hayes No preview available - 2020 |
Common terms and phrases
ancestor appear applied ation body circumstances construed contingent remainders conveyance court of equity daugh daughters decease decision default of issue descent devisor doctrine effect equity estate of freehold estate tail executory trusts express failure of issue Fearne fee simple gavelkind gift give an estate Goff heirs and assigns heirs male Infra inheritance intail issue male Jesson judgment lands lawfully begotten Lord Eldon Lord Ellenborough Lord Kenyon Lord Mansfield Lord Northington Lordship mainder meaning nature objects observed operate opinion particular intent persons principles question reason Robinson rule in Shelley's rule of construction rule of law sense shew sons Stoven strict settlement struction superadded words Supra tail male take an estate take by purchase taker technical tenant in tail tenants in common tention term testator's tion took an estate twenty-one vested Willcox word issue words heirs words in default words of limitation words of purchase Wright