Cases on Future Interests and Illegal Conditions and Restraints: Selected from the Decisions of English and American CourtsWest publishing Company, 1917 - 1456 pages |
From inside the book
Results 1-5 of 100
Page 49
... heirs which was not alienable . §14 . An estate in " fee simple conditional , " so called , was by far the most common of these estates with special limitations . This was an estate to the donee and the heirs of his body ( either all the ...
... heirs which was not alienable . §14 . An estate in " fee simple conditional , " so called , was by far the most common of these estates with special limitations . This was an estate to the donee and the heirs of his body ( either all the ...
Page 65
... heirs and assigns forever , paying the said sum as Thomas should have paid . " Thomas enters , and suffers a common recovery , with a single voucher , to the use of himself and his heirs ; and afterwards devises it to the wife of Edward ...
... heirs and assigns forever , paying the said sum as Thomas should have paid . " Thomas enters , and suffers a common recovery , with a single voucher , to the use of himself and his heirs ; and afterwards devises it to the wife of Edward ...
Page 66
... heirs , and if he die without heir , that it shall remain to another , it is void and repugnant to the estate ; for one fee cannot be in remainder after another ; for the law doth not expect the determina- tion of a fee by his dying ...
... heirs , and if he die without heir , that it shall remain to another , it is void and repugnant to the estate ; for one fee cannot be in remainder after another ; for the law doth not expect the determina- tion of a fee by his dying ...
Page 81
... heirs of another who is living , and who afterwards dies , and then the tenant for life dies , the heir of the stranger shall have this land ; and yet it was said that , at the time of the grant , the remainder was in a manner void ...
... heirs of another who is living , and who afterwards dies , and then the tenant for life dies , the heir of the stranger shall have this land ; and yet it was said that , at the time of the grant , the remainder was in a manner void ...
Page 107
... heirs , because that was contingent , not vested , and now never could vest ; and that A. had gained a tortious fee , which would be good against B. and his heirs , and likewise against all persons but the right heirs of the devisor ...
... heirs , because that was contingent , not vested , and now never could vest ; and that A. had gained a tortious fee , which would be good against B. and his heirs , and likewise against all persons but the right heirs of the devisor ...
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Other editions - View all
Future Interests and Illegal Conditions and Restraints Albert Martin Kales,John Chipman Gray No preview available - 2023 |
Future Interests and Illegal Conditions and Restraints Albert Martin Kales,John Chipman Gray No preview available - 2023 |
Common terms and phrases
age of twenty-one appears attain the age attained twenty-one bequeathed bequest chil child or children clause common law condition construction construed contingent remainder conveyance conveyed Court of Chancery court of equity covenant daugh daughter decease decision declared decree deed default defendant died directed dren entitled estate tail event executed executors executory devise fee simple fee tail feoffees feoffment freehold fund gift give given grant grantor heirs at law heirs male held intention interest John judgment land lease legacy legatee lessor lifetime limitation living Lord Lord Chancellor marriage Mary moiety Monte Alta opinion particular estate payment personal estate plaintiff possession power of appointment premises question real estate remainderman rent residuary residue rule rule against perpetuities rule in Shelley's Sarah seised seisin settlement statute surviving survivor take effect tate tenant term testatrix thereof tion trust void widow wife William words heirs
Popular passages
Page 164 - Witnesseth that the said party of the first part for and in consideration of the sum of Three Thousand Dollars, lawful money of the United States of America to him in hand paid by the said party of the second part...
Page 471 - I give, devise and bequeath all the rest, residue and remainder of my estate, both real and personal, to my beloved wife, Susie E. Smith, to have and to hold to her, my said wife, and to her heirs and assigns forever.
Page 283 - It is a rule of law, that when the ancestor, by any gift or conveyance, takes 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, that always in such cases, the heirs are words of limitation of the estate, and not words of purchase.
Page 204 - Every future estate shall be void in its creation, which shall suspend the absolute power of alienation for a longer period than is prescribed in this Article. Such power of alienation is suspended, when there are no persons in being, by whom an absolute fee in possession can be conveyed.
Page 443 - Osborne, their heirs and assigns, upon trust that they, or the survivor of them, or the heirs, executors or administrators of such survivor...
Page 204 - Future estates are either vested or contingent. They are vested, when there is a person in being who would have an immediate right to the possession of the lands, upon the ceasing of the intermediate or precedent estate. They are contingent, whilst the person to whom, or the event upon which they are limited to take effect, remains uncertain.
Page 841 - ... the construction of a will is to ascertain the intention of the testator as expressed in the...
Page 589 - The common-law period of the Rule Against Perpetuities" and its conception of vesting were adopted by California in 195162 as Civil Code section 715.2: No interest in real or personal property shall be good unless it must vest, if at all, not later than 21 years after some life in being at the creation of the interest and any period of gestation involved in the situation to which the limitation applies.
Page 489 - ... the rule against perpetuities. "The rule against perpetuities is thus stated : 'No interest subject to a condition precedent is good unless the condition must be fulfilled, if at all, within twenty-one years after some life in being at the creation of the interest.
Page 78 - ... be from henceforth clearly deemed and adjudged to be in him or them that have, or hereafter shall have, such use, confidence or trust, after such...