A Digest of the Laws of England Respecting Real Property, Volume 6J. Butterworth, 1824 - Real property |
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Page viii
... Limitation over 245 78. Devise to Trustees for Purposes requiring a Fee 82. What Words pass the whole Interest in a Chattel 246 247 CHAP . XII . Construction - What Words create an Estate Tail . 1. No Technical Words necessary 249 7 ...
... Limitation over 245 78. Devise to Trustees for Purposes requiring a Fee 82. What Words pass the whole Interest in a Chattel 246 247 CHAP . XII . Construction - What Words create an Estate Tail . 1. No Technical Words necessary 249 7 ...
Page ix
... Limitation be only mediate 10. Though the Estate for Life arise by Implication 12. Where the Word Heir in the ... Limitation 45. Or to Heirs with Words limiting a particular Kind of Estate 46. Or to the Heir for Life 300 303 - 305 307 id ...
... Limitation be only mediate 10. Though the Estate for Life arise by Implication 12. Where the Word Heir in the ... Limitation 45. Or to Heirs with Words limiting a particular Kind of Estate 46. Or to the Heir for Life 300 303 - 305 307 id ...
Page xi
... Limitation is executory , all the others are so likewise 453 5. A preceding executory Limitation may be uncertain , when a subsequent one may be certain 455 11. A preceding executory Limitation is not a Condition precedent 457 17.
... Limitation is executory , all the others are so likewise 453 5. A preceding executory Limitation may be uncertain , when a subsequent one may be certain 455 11. A preceding executory Limitation is not a Condition precedent 457 17.
Page 153
... limitation of the term , might have determined it upon the death of Sir J. Coryton , the interposing an estate to trustees for preserving contingent remainders should not overturn the whole will , especially as that limitation to the ...
... limitation of the term , might have determined it upon the death of Sir J. Coryton , the interposing an estate to trustees for preserving contingent remainders should not overturn the whole will , especially as that limitation to the ...
Page 165
... limitations are totally void ; but in the case of a will , the courts do not , if they can possibly avoid it ... limitation is to the first son unborn , there the limita- tion to such unborn son shall be in tail male . 37. In a ...
... limitations are totally void ; but in the case of a will , the courts do not , if they can possibly avoid it ... limitation is to the first son unborn , there the limita- tion to such unborn son shall be in tail male . 37. In a ...
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Common terms and phrases
afterwards age of 21 attested begotten body clause codicil construction construed contingent remainders conveyance copyhold Court of Chancery Court of K. B. Court of King's cross remainders daughter death decease decreed deed default descend devised lands devisor died without issue dispose eldest equity estate in fee estate tail executed executory devise failure of issue fee simple freehold give heir at law heirs and assigns heirs male held House of Lords inheritance issue male John joint tenants Judges King's Bench lease leasehold lives Lord Ch Lord Hardwicke Lord Mansfield mainder manor marriage messuages opinion pass person devised personal estate plaintiff premises question real estate reversion revocation revoked rule in Shelley's seised sons statute of frauds subsequent surrender tail male take effect tenants in common term Thellusson three witnesses tion took an estate trust vest vise void wife word heirs words of limitation
Popular passages
Page 321 - ... preferred, and to take before, the younger of such sons, and the heirs male of his and their body and...
Page 64 - ... such devise, legacy, estate, gift or appointment shall, so far only as concerns such person attesting the execution of such will, or the wife or husband of such person, or any person claiming under such person or wife or husband be utterly null and void...
Page 77 - ... by some other will or codicil in writing, or other writing declaring the same, or by burning, cancelling, tearing, or obliterating the same, by the testator himself, or in his presence, and by his directions and consent ; but all devises and bequests of lands and tenements shall remain and continue in force until the same be burnt, cancelled, torn, or obliterated, by the testator, or by his directions, in manner aforesaid, or unless the same be altered by some other will or codicil in writing,...
Page 311 - Bart.,) their heirs and assigns, to the uses after mentioned ; (that is to say,) to the use of the said testator's son, the said plaintiff, James Houghton Langston, for and during the term of his natural life...
Page 232 - Jacob to have and to hold to him and his heirs for ever. Item I give to my Son...
Page 316 - To THE USE of the said (settler) for and during the term of his natural life, without impeachment of waste, and from and after his decease TO THE USE of the said...
Page 503 - I go upon is, that the plaintiff was en ventre sa mere at the time of her brother's death, and consequently a person in rerum natura: so that by the rules of the common and civil law she was, to all intents and purposes, a child, as much as if born in the father's lifetime.
Page 110 - ... remainder to the use of the first and other sons of the marriage in tail male ; remainder to the first and other sons of...
Page 337 - W. by deed or will should appoint ; " and, for want of such appointment, to the heirs of the body of " W., share and share alike, as tenants in common ; and if but one " child, the whole to such only child ; and, for want of such issue, " to the heirs of the testator.
Page 413 - Now taking all this into consideration together, it is impossible not to see that the failure of issue intended by the testator was to be a failure of issue at the death of the first taker ; and if so, the rule of law is not to be controverted.