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 43
... begotten , with full power for him to settle the same by will or otherwise on them or any of them as he should think proper , and in default of The testator had no child at the time of making his will . Held an estate tail in J. S. ...
... begotten , with full power for him to settle the same by will or otherwise on them or any of them as he should think proper , and in default of The testator had no child at the time of making his will . Held an estate tail in J. S. ...
Page 50
... begotten , in such shares , manner , and form , as he should by will or deed appoint ; and in default of such heir of his body , lawfully to be be- gotten , then , from , and immediately after his de- cease , the testator gave and ...
... begotten , in such shares , manner , and form , as he should by will or deed appoint ; and in default of such heir of his body , lawfully to be be- gotten , then , from , and immediately after his de- cease , the testator gave and ...
Page 57
... begotten , and his heirs for ever ; but if the said N. L. should happen to die without such heirs male , then over ; it was deter- mined to be an estate tail in N. L. Fortescue , J. thought his , in grammatical construction , would ...
... begotten , and his heirs for ever ; but if the said N. L. should happen to die without such heirs male , then over ; it was deter- mined to be an estate tail in N. L. Fortescue , J. thought his , in grammatical construction , would ...
Page 58
... begotten , and their heirs ; with a proviso charg- ing the estate with 1007. each to his two nieces , if T. R. should die without leaving any issue male of his body living at his death ; and for default of such issue male of T. R. the ...
... begotten , and their heirs ; with a proviso charg- ing the estate with 1007. each to his two nieces , if T. R. should die without leaving any issue male of his body living at his death ; and for default of such issue male of T. R. the ...
Page 60
... begotten , his , her , and their heirs and assigns for ever . But in case it shall happen that there should be a failure of issue of the body of J. T. law- fully to be begotten , then there was a devise over to the daughters of A. T. ...
... begotten , his , her , and their heirs and assigns for ever . But in case it shall happen that there should be a failure of issue of the body of J. T. law- fully to be begotten , then there was a devise over to the daughters of A. T. ...
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 authority Bellaers body circumstances construction contingent remainders conveyance court of equity daughter decease decision descent doctrine doubt effect entail equity estate of freehold estate tail executory trusts express failure of issue Fearne fee simple gavelkind gift give an estate Goff ground H. T. Willcox heirs and assigns heirs male House of Lords Infra inheritance intention issue male Jesson judges judgment lands lawfully begotten Lord Eldon Lord Ellenborough Lord Kenyon Lord Mansfield Lord Northington Lord Thurlow Lordship mainder nature objects observed operation opinion persons principle purchaser to take question rule in Shelley's rule of law Sect sense sons specific performance strict settlement subsequent words superadded words Supra tail male take an estate take by purchase taker tenant in tail tenants in common term testator's tion took an estate twenty-one vested vise words heirs words of limitation words of purchase Wright
Popular passages
Page 314 - GG all his lands (naming and describing them particularly,) to hold the same unto him the said GG, for and during the term of his natural life, and from and after his decease, to the use of the issue male of his body lawfully to be begotten, and the heirs male of the body...
Page 330 - Colmore and his assigns, for and during the term of his natural life, without impeachment of...
Page 106 - Edwards his intended wife to be begotten, to be equally divided between them, (if more than one), share and share alike, as tenants in common...
Page 39 - Rule in Shelley's Case is stated by Lord Coke (1 ^Coke 93)3, 1O4b, 76 Eng. Reprint 206, 234) to be that "When the ancestor, by any gift or conveyance taketh 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 .... the heirs are words of limitation of the estate and not words of purchase", and by Preston on Estates (Vol.
Page 350 - Male of his and their body and bodies issuing and for default of such issue to the use of all and every the Daughter and Daughters of the body of...
Page 260 - heir,' not ' issue? There is no express estate for life, given to the ancestor ; no clause that the estate shall be without impeachment of waste ; no limitation to trustees to preserve contingent remainders ; no direction so to frame the limitation that the first taker shall not have the power of barring the entail. Every...
Page 106 - ... preferred, and to take before, the younger of such sons, and the heirs male of his and their body and...
Page 206 - that if a man hath lands in fee, and lands for years, and deviseth all his lands and tenements, the fee-simple lands pass only and not the lease for years : and if a man hath a lease for years and no fee simple, and deviseth all his lands and tenements, the lease for years passeth : for otherwise the will should be merely void
Page 355 - N. for life, without impeachment of waste, and, after his decease, to the issue male of his body lawfully begotten, and to the heirs and assigns of such issue male for ever; and, in default of such issue male, then over : N.
Page 85 - Cornish and the heirs of her body lawfully begotten or to be begotten, as well females as males, and to their heirs and assigns for ever; to be equally divided, share and share alike, as tenants in common, and not as joint tenants.