The Rule Against PerpetuitiesLittle, Brown, 1886 - 499 pages |
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Common terms and phrases
A.'s death accumulation appointment bargain and sale Beav born charity chattel chattel personal child common law conditional limitation considered contingent remainders conveyance created cy pres decision deed determined doctrine Dungannon easements entitled escheat estate tail executory devise failure of issue fee simple fee tail feoffees feoffment freehold future interests gift given grandchildren grant grantor heirs held House of Lords income issue male Jarm judges King's Bench land lease Lewis lives Lord Marsden objection of remoteness opinion particular estate Perp personalty Pollexf possibility of reverter preceding question of remoteness reaches twenty-one Real Prop rent Restraints on Alienation resulting trust reversion Rule against Perpetuities seems seisin settlement settlor Smith Statute Quia Emptores Strob sub nom Sugd take effect tenant in tail tenure term testator's death Thellusson tion unborn person validity void for remoteness
Popular passages
Page 419 - ... during the minority or respective minorities only of any person or persons who, under the uses or trusts of the deed, surrender, will, or other assurances, directing such accumulations, would, for the time being, if of full age, be entitled unto the rents, issues, and profits, or the interest, dividends, or annual produce, so directed to be accumulated...
Page 65 - 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 while the person to whom, or the event upon which, they are limited to take effect, remains uncertain.
Page 435 - The absolute power of alienation shall not be suspended by any limitation or condition whatever, for a longer period than during the continuance of not more than two lives in being at the creation of the estate, except in the single case mentioned in the next section.
Page 414 - That no person or persons shall, after the passing of this Act, by any deed or deeds, surrender or surrenders, will, codicil or otherwise howsoever, settle or dispose of any real or personal property, so and in such manner that the rents, issues, profits or produce thereof shall be wholly or partially accumulated...
Page 439 - ... a contingent remainder in fee may be created on a prior remainder in fee, to take effect In the event that the persons to whom the first remainder is limited, die under the age of twenty-one years, or on any other contingency by which the estate of such persons may be determined before they attain full age. For the purposes of this section a minority Is deemed a part of a life and not an absolute term equal to the possible duration of such minority.
Page 399 - Estates tail have been abolished; and every estate which would be adjudged a fee tail, according to the law of this state, as it existed before the twelfth day of July, seventeen hundred and eighty-two, shall be deemed a fee simple; and if no valid remainder be limited thereon, a fee simple absolute.
Page 141 - I could refer to many decisions; but it is sufficient to refer to the duke of Norfolk's case, in which all the learning on this head was gone into; and from that time to the present, every judge has acquiesced in that decision. It is an established rule that an executory devise is good if it must necessarily happen within a life or lives in being, and twenty-one years, and the fraction of another year, allowing for the time of gestation.
Page 126 - The general principles which apply to this case are not disputed: the limitations of personal estate are void, unless they necessarily vest, if at all, within a life or lives in being and 21 years or 9 or 10 months afterwards. This has been sanctioned by the opinion of judges of all times, from the time of the Duke of Norfolk's case to the present: it is grown reverend by age, and is not now to be broken in upon...
Page 13 - Act, or other services incident or belonging to tenure in common socage due or to grow due to the King's Majesty, or mean lords, or other private person...
Page 426 - ... property so directed to be accumulated, shall, so long as the same shall be directed to be accumulated contrary to the provisions of this Act, go to and be received by such person or persons as would have been entitled thereto if such accumulation had not been directed.