An Elementary Treatise on Estates: With Preliminary Observation of the Quality of Estates, Volume 2J. & W.T. Clarke, 1827 |
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Page 2
... instances , the fee - simple will pass without any limitation , to the heirs , in express terms . The fee passes by reason of the words of direct and immediate reference . These words are effectual , under the rule , that verba relata ...
... instances , the fee - simple will pass without any limitation , to the heirs , in express terms . The fee passes by reason of the words of direct and immediate reference . These words are effectual , under the rule , that verba relata ...
Page 10
... instance occurred in the case of a gift in tail , and in tail with a very limited course of descent . It is with great deference , however , that any observations are made , even with the appearance of differing from Mr. Hargrave , or ...
... instance occurred in the case of a gift in tail , and in tail with a very limited course of descent . It is with great deference , however , that any observations are made , even with the appearance of differing from Mr. Hargrave , or ...
Page 11
... instance , clearly extend the gift to the heirs and the subsequent words in the dis- junctive , express the construction of the law , that the grantee , in case he should not choose to transmit the property in succession , may dispose ...
... instance , clearly extend the gift to the heirs and the subsequent words in the dis- junctive , express the construction of the law , that the grantee , in case he should not choose to transmit the property in succession , may dispose ...
Page 14
... instances only , in which a charge is created ; and not in those instances in which the right to that charge , as already created , is to be transferred or discharged . When the person who is the owner of an annuity , which he holds in ...
... instances only , in which a charge is created ; and not in those instances in which the right to that charge , as already created , is to be transferred or discharged . When the person who is the owner of an annuity , which he holds in ...
Page 24
... instances alone , in which the right heirs are to take as purchasers , unless it has been otherwise expressed ; for it is with a view to those instances only that the questions which have been discussed can arise . The ground on which ...
... instances alone , in which the right heirs are to take as purchasers , unless it has been otherwise expressed ; for it is with a view to those instances only that the questions which have been discussed can arise . The ground on which ...
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Common terms and phrases
alienation ancestor annuity applicable begotten body charge chattels cited common law common recovery conditional fee construction conveyance copyhold Court Cowp daughters death decease deed descend devisee dispose entail estate in fee estate whatsoever estate-tail executor executrix express fee passed fee-simple feoffment freehold freehold lands Frogmorton gift give and bequeath grant heir at law heirs male held inheritance Inst instances intention interest introductory clause issue joint-tenants Lord Ellenborough Lord Hardwicke Lord Kenyon Lord Mansfield moiety observed opinion paid particular estate pass a fee pass the fee payment personal estate personal property real and personal real estate real property remainder rent residuary clause rest and residue reversion right heirs rule seised statute de donis tenant in tail tenements Term Rep testator's testatrix tion Tofield took an estate trust unto Upper Catesby wife word estate word heirs words of limitation worldly estate
Popular passages
Page 407 - ... and for default of such issue to the Princess Anne of Denmark and the heirs of her body and for default of such issue to the heirs of the body of the said Prince of Orange.
Page 378 - First, concerning lands that many times are given upon condition, that is, to wit, where any giveth his land to any man and his wife, and to the heirs begotten of the bodies of the same man and his wife, with such condition expressed that if the same man and his wife die without heir of their bodies between them begotten, the land so given shall revert to the giver or his heir; in case also where one giveth lands in free marriage, which gift hath a condition annexed, though it be not expressed in...
Page 378 - ... where one giveth land to another and the heirs of his body issuing, it seemed very hard and yet seemeth to the givers and their heirs, that their will being expressed in the gift was not heretofore nor yet is observed. In all the cases aforesaid after issue begotten and...
Page 379 - King perceiving how necessary and expedient it should be, to provide remedy in the aforesaid cases, hath ordained that the will of the giver, according to the form in the deed of gift manifestly expressed, shall be from henceforth observed ; so that they to whom the land was given under such condition shall have no power to alien the...
Page 378 - In all the cases aforesaid after issue begotten and born between them, to whom the lands were given under such condition, heretofore such feoffees had power to aliene the...
Page 33 - ... shall extend to the disinheriting of any heir, nor to the prejudice of the right or title of any person or persons other than the right or title of the offender or offenders, during his, her, or their natural lives only; and that it shall be lawful to every person or persons to whom the right or interest of any lands, tenements, or hereditaments, after the death of any such offender or offenders, should or might have appertained, if no such attainder had been, to enter into the same.
Page 189 - M., all the remainder and residue of all the effects, both real and personal, which I shall die possessed of.
Page 364 - ... remainder to the first and other sons of the marriage in tail male, remainder to the first and other...
Page 187 - Generally speaking, no common person has the smallest idea of any difference between giving a person a horse and a quantity of land ; common sense alone would never teach a man the difference...
Page 201 - ... the testator is thwarted; for ordinary people do not distinguish between real and personal property. The rule of law however is established and certain, that express words of limitation, or words tantamount, are necessary to pass an estate of inheritance. " All my estate" or " all my interest" will do ; but " all my lands lying in such a place,