A Digest of the Laws of England Respecting Real Property, Volume 6J. Butterworth, 1824 - Real property |
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Page ix
... Rule in Shelley's Case , 1. Applied to Devises of legal Estates 7. Though the Limitation be only mediate 10. Though the Estate for Life arise by Implication 12. Where the Word Heir in the Singular Number is used 17. Though there are ...
... Rule in Shelley's Case , 1. Applied to Devises of legal Estates 7. Though the Limitation be only mediate 10. Though the Estate for Life arise by Implication 12. Where the Word Heir in the Singular Number is used 17. Though there are ...
Page 2
William Cruise. CHAP . IX . Construction of Devises — general Rules . CHAP . X. Construction - what Words create a ... Rule in Shelley's Case . CHAP . XV . Construction - what Words create a Joint Tenancy , a Tenancy in common , and ...
William Cruise. CHAP . IX . Construction of Devises — general Rules . CHAP . X. Construction - what Words create a ... Rule in Shelley's Case . CHAP . XV . Construction - what Words create a Joint Tenancy , a Tenancy in common , and ...
Page 33
... rule was taken by the justices in their arguments , that such an estate , which cannot by the rules of the common law be conveyed , by act executed in his life , by advice of counsel learned in the law , such estate cannot be devised by ...
... rule was taken by the justices in their arguments , that such an estate , which cannot by the rules of the common law be conveyed , by act executed in his life , by advice of counsel learned in the law , such estate cannot be devised by ...
Page 42
... rule must hold , that a sur- render of a copyhold would be a sufficient bar of the entail , where there was no recovery by custom to bar it . Lord Ch . J. Willes said , he was the less concerned at differing in opinion in this case ...
... rule must hold , that a sur- render of a copyhold would be a sufficient bar of the entail , where there was no recovery by custom to bar it . Lord Ch . J. Willes said , he was the less concerned at differing in opinion in this case ...
Page 70
... rule is so settled in many cases ; and if this were that case , unquestionably it is too well established to be now disturbed ; though it may be doubted whether it is perfectly consistent with the statute of frauds ; for in effect the ...
... rule is so settled in many cases ; and if this were that case , unquestionably it is too well established to be now disturbed ; though it may be doubted whether it is perfectly consistent with the statute of frauds ; for in effect the ...
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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.