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 xv
... intention not the controlling rule of con- struction • 195 · ib . · 197 200 201 The rule in question not a rule of construction 199 The cases referred to by Mr. Fearne as sub- jecting the rule to intention prove only that " heirs of the ...
... intention not the controlling rule of con- struction • 195 · ib . · 197 200 201 The rule in question not a rule of construction 199 The cases referred to by Mr. Fearne as sub- jecting the rule to intention prove only that " heirs of the ...
Page 22
... intention that G. T. B. should take only a life estate in the freehold , and that by the effect of the words of reference in the codicil , the same intention was manifested as to the leasehold , the reference ( p ) Brouncker v . Bagot ...
... intention that G. T. B. should take only a life estate in the freehold , and that by the effect of the words of reference in the codicil , the same intention was manifested as to the leasehold , the reference ( p ) Brouncker v . Bagot ...
Page 24
... intention another , that the lease- hold should follow the law . The question there- fore seemed to be , whether the intention did not require the Court to mould the trusts of the lease- hold in conformity to the expressed limitations ...
... intention another , that the lease- hold should follow the law . The question there- fore seemed to be , whether the intention did not require the Court to mould the trusts of the lease- hold in conformity to the expressed limitations ...
Page 39
... intention that heirs of the body , as such , shall take by purchase , after an estate of freehold in the ancestor , is , in effect , to supply the very circumstance which imperatively demands the application of the rule ; ( 1 ) that the ...
... intention that heirs of the body , as such , shall take by purchase , after an estate of freehold in the ancestor , is , in effect , to supply the very circumstance which imperatively demands the application of the rule ; ( 1 ) that the ...
Page 40
... intention , however manifest , to use them as words of purchase , but that their application must be directed , and con- fined , by express words , or necessary inference or implication , to objects of a particular designation , as the ...
... intention , however manifest , to use them as words of purchase , but that their application must be directed , and con- fined , by express words , or necessary inference or implication , to objects of a particular designation , as 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.