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according alienation already ancestor application arise assurance become body circumstances claim commence common law condition consequently considered construction contingent conveyance conveyed Court cross remainders death deed defeat depend determination devise distinct doctrine effect enjoyment entitled entry equally equitable estate of freehold event executed exist express extent Fearne feoffees future gift give grant grantor ground happen heirs held hold husband immediately implication inheritance Inst instances intention interest issue joint-tenants land lease legal estate limitation Lord mainder manner means merely moiety nature objects observations operation opinion original owner ownership particular estate parties pass period person possession possibility preceding estate present prior purchase question reason recovery reference rent respect result reversion rule seised seisin sense share statute succession tail take place taken tenant term third tion transferred trust unless vested void wife
Page 150 - Where by the common laws of this realm, lands, tenements, and hereditaments be not devisable by testament, nor ought to be transferred from one to another, but by solemn livery and seisin, matter of record ', writing sufficient made bona fide, without covin or fraud...
Page 151 - ... to the uses of aliens born, and also the profits of waste for a year and a day of lands of felons attainted, and the lords their escheats thereof; and many other inconveniences have happened and daily do increase among the King's subjects, to their great trouble 'and inquietness, and to the utter subversion of the ancient common laws of this realm...
Page 360 - E his son for life, remainder to the use of the first son of the body of E, and the heirs males of the body of such first son...
Page 70 - When a remainder is limited to a person in esse and ascertained to take effect by words of express limitation on the determination of the preceding particular estate, this remainder is most clearly and unquestionably vested.
Page 152 - ... of and in such like estates, as they had or shall have in use, trust, or confidence of or in the same...
Page 277 - Davison, upon trust, to support and preserve the contingent uses and estates hereinafter limited from being defeated or destroyed, and for that purpose to make entries and bring actions as occasion...
Page 152 - ... where any person or persons stand or be seised or at any time hereafter shall happen to be seised, of and in any honours castles manors lands tenements rents services reversions remainders or other hereditaments, to the use confidence or trust of any other person or persons or of any body...
Page 264 - The rule simply is that where an estate of freehold is limited to a person, and the same instrument contains a limitation, either mediate or immediate, to his heirs, or the heirs of his body, the word 'heirs' is a word of limitation; ie, the ancestor takes the whole estate comprised in this term.
Page 132 - In point of fact, and agreeable to natural reason, free from artificial deductions, the husband and wife are distinct and individual persons; and accordingly, when lands are granted to them as tenants in common, thereby treating them without any respect to their social union, they will hold by moieties, as other distinct and individual persons would do.