An Elementary Treatise on Estates: With Preliminary Observation of the Quality of Estates, Volume 1J. & W.T. Clarke, 1820 - Estates (Law) |
From inside the book
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Page xix
... arise , 1. By Limitation · 2. By resulting Use 3. By Implication of Law That it must be , 309 ib . 4. In , or owe its Effect to , the same Instrument , or several Instruments forming part of the Assurance which contains the Limitation ...
... arise , 1. By Limitation · 2. By resulting Use 3. By Implication of Law That it must be , 309 ib . 4. In , or owe its Effect to , the same Instrument , or several Instruments forming part of the Assurance which contains the Limitation ...
Page xxi
... arise by Springing Use The Heirs must be named , to take by way of Re- mainder , and as Heirs of the Donee 322 , 324 Not of an Ancestor Conclusions to Mr. Fearne's Opinion on a Limitation to the Heirs , under a Power contained in an In ...
... arise by Springing Use The Heirs must be named , to take by way of Re- mainder , and as Heirs of the Donee 322 , 324 Not of an Ancestor Conclusions to Mr. Fearne's Opinion on a Limitation to the Heirs , under a Power contained in an In ...
Page 40
... arise . Contingent remainders , and estates which have their operation by resulting or springing use , or by executory devise , and which are to commence on an event , are all raised by con- ditional limitations . In short , every ...
... arise . Contingent remainders , and estates which have their operation by resulting or springing use , or by executory devise , and which are to commence on an event , are all raised by con- ditional limitations . In short , every ...
Page 43
... arise : and an estate once determined ( s ) by a collateral limitation , cannot possibly exist at any subsequent period . Thus , if a grant be made to a man and his heirs , tenants of the manor of Dale , and the person to whom this ...
... arise : and an estate once determined ( s ) by a collateral limitation , cannot possibly exist at any subsequent period . Thus , if a grant be made to a man and his heirs , tenants of the manor of Dale , and the person to whom this ...
Page 62
... arise at a future period , the estate is executed only ; that is , merely vested , in point of inte- rest : and when the right of immediate enjoy- ment is annexed to the estate , then only is the ' estate executed in possession . An ...
... arise at a future period , the estate is executed only ; that is , merely vested , in point of inte- rest : and when the right of immediate enjoy- ment is annexed to the estate , then only is the ' estate executed in possession . An ...
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Other editions - View all
An Elementary Treatise on Estates: With Preliminary Observations on the ... Richard Preston, Jr. No preview available - 2015 |
An Elementary Treatise on Estates: With Preliminary Observation of the ... No preview available - 2020 |
Common terms and phrases
ancestor applied arise body cestui common law common recovery construction contingent interest contingent remainders conveyance conveyed Court Court of Chancery courts of equity cross remainders death deed defeat descent determination distinct entirety entitled equity estate in fee estate limited estate of freehold estate-tail event executory devise executory interest express Fearne fee-simple feoffees feoffment gift give grant grantor heirs male hereditaments husband and wife inheritance Inst instances intail intention issue joint-tenants land lease legal estate limi limited to commence line of remainders Loddington Lord Coke Lord Raym mainder moiety observations operation owner ownership particular estate person possession power of alienation preceding estate purchase remainder is limited rent reversion right heirs right of enjoyment rule rule in Shelley's seised seisin statute of 27 take effect tation tenant in tail tenants in common tenements term tingent tion trust vest in interest vested interest void word heirs
Popular passages
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.
Page 151 - ... and scantly any person can be certainly assured of any lands by them purchased, nor know surely against whom they shall use their actions or executions for their rights, titles and duties...