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 52
... Lord Mansfield A testator devised to the second and other sons of T. N. , successively in tail male , and in default of such issue , to the daughters of T. N. ( with- out words of limitation ) and for default of such issue , to the ...
... Lord Mansfield A testator devised to the second and other sons of T. N. , successively in tail male , and in default of such issue , to the daughters of T. N. ( with- out words of limitation ) and for default of such issue , to the ...
Page 73
... Lord Mansfield , 2 Burr . 1106. It may be thought that the same authority which could reduce the maxim to a senseless form of words would be competent to abolish it altogether . In a subsequent part of the same judgment we find his ...
... Lord Mansfield , 2 Burr . 1106. It may be thought that the same authority which could reduce the maxim to a senseless form of words would be competent to abolish it altogether . In a subsequent part of the same judgment we find his ...
Page 84
... Lord Mansfield in Taylor d . Atkyns v . Horde ( t ) that feoffments had lost their ancient virtue . Lord Holt's opinion was pro- bably to this effect ; -that an express gift to one and the heirs of his body had so fixed a meaning in law ...
... Lord Mansfield in Taylor d . Atkyns v . Horde ( t ) that feoffments had lost their ancient virtue . Lord Holt's opinion was pro- bably to this effect ; -that an express gift to one and the heirs of his body had so fixed a meaning in law ...
Page 85
... Lord Mansfield said the devise could not take effect at all , but must be absolutely void , unless the heirs took as purchasers ; that the term " heirs " in the plural , in the case of gavelkind lands , an- ( u ) 2 Burr . 1100. ( 1760 ) ...
... Lord Mansfield said the devise could not take effect at all , but must be absolutely void , unless the heirs took as purchasers ; that the term " heirs " in the plural , in the case of gavelkind lands , an- ( u ) 2 Burr . 1100. ( 1760 ) ...
Page 86
... Lord Mansfield is made to observe , that the testator's disposition of one of the proportions shewed his intention as to the rest , viz . the devise to the widow of E. R. , which could receive no other construction but that those heirs ...
... Lord Mansfield is made to observe , that the testator's disposition of one of the proportions shewed his intention as to the rest , viz . the devise to the widow of E. R. , which could receive no other construction but that those heirs ...
Other editions - View all
An Inquiry Into the Effect of Limitations to Heirs of the Body in Devises ... William Hayes No preview available - 2020 |
An Inquiry Into the Effect of Limitations to Heirs of the Body in Devises ... William Hayes No preview available - 2016 |
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