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 19
... create difficulty in parting with it . His Lordship alluded to the former habit of the Court ; and said the course had varied entirely ; and it had been held repeatedly , that though , in the judgment of the Court , the better opinion ...
... create difficulty in parting with it . His Lordship alluded to the former habit of the Court ; and said the course had varied entirely ; and it had been held repeatedly , that though , in the judgment of the Court , the better opinion ...
Page 20
... created ; and he thought that the proposed exercise of the power for a purpose wholly foreign to the settlement would be an undue exercise of it . In the following case , ( n ) Lord Eldon appears to ( m ) Wheate v . Hall , 17 Ves . 80 ...
... created ; and he thought that the proposed exercise of the power for a purpose wholly foreign to the settlement would be an undue exercise of it . In the following case , ( n ) Lord Eldon appears to ( m ) Wheate v . Hall , 17 Ves . 80 ...
Page 25
... created an executory trust , under which N. J. F. would be made tenant for life , with remainder to his issue , in a course of strict settlement ; to which it was answered , that a man could not give an estate for life to a person not ...
... created an executory trust , under which N. J. F. would be made tenant for life , with remainder to his issue , in a course of strict settlement ; to which it was answered , that a man could not give an estate for life to a person not ...
Page 37
... creates an estate tail , or an estate for life , with contingent re- mainders , a recovery is the usual assurance ; and the expres- sion " barred by the recovery " is sometimes used in speaking of the destruction of the contingent ...
... creates an estate tail , or an estate for life , with contingent re- mainders , a recovery is the usual assurance ; and the expres- sion " barred by the recovery " is sometimes used in speaking of the destruction of the contingent ...
Page 44
... create an estate tail . In the case which called forth these observations , the devise was open to different con ... created , ( cases in which such powers appear to have sometimes . ( w ) Those who rely upon the power , forget the ...
... create an estate tail . In the case which called forth these observations , the devise was open to different con ... created , ( cases in which such powers appear to have sometimes . ( w ) Those who rely upon the power , forget the ...
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.