Select Cases and Other Authorities on the Law of Property, Volume 5C. W. Sever, 1891 |
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Page 31
... construction of the covenant to insure . That covenant was in the fol- lowing words : " And he the said William Ward , his executors , ad- ministrators , and assigns , shall and will insure and keep insured the said farm and buildings ...
... construction of the covenant to insure . That covenant was in the fol- lowing words : " And he the said William Ward , his executors , ad- ministrators , and assigns , shall and will insure and keep insured the said farm and buildings ...
Page 56
... construction of deeds ; first , it is a maxim , that such a construction ought to be made of deeds , ut res magis valeat quam pereat , that the end and design of the deeds should take effect rather than the contrary . Another maxim is ...
... construction of deeds ; first , it is a maxim , that such a construction ought to be made of deeds , ut res magis valeat quam pereat , that the end and design of the deeds should take effect rather than the contrary . Another maxim is ...
Page 60
... construction , even contrary to the common rules of law ( though I think this is not so ) , than to overthrow , I may say 100,000 settle- ments ; for it is a maxim in law , as well as reason , communis error facit jus . As to the right ...
... construction , even contrary to the common rules of law ( though I think this is not so ) , than to overthrow , I may say 100,000 settle- ments ; for it is a maxim in law , as well as reason , communis error facit jus . As to the right ...
Page 87
... construction urged on behalf of the petitioner . But if , on the other hand , it can be regarded as a devise in fee to the five children , subject to be divested upon a condition subsequent , with a limitation over on the happening of ...
... construction urged on behalf of the petitioner . But if , on the other hand , it can be regarded as a devise in fee to the five children , subject to be divested upon a condition subsequent , with a limitation over on the happening of ...
Page 91
... CONSTRUCTION , to be considered without any refer ence to the rule , and to be solved by , exclusively , the ordinary process of interpretation . This point , kept steadily in view , would have prevented infinite confusion . " The ...
... CONSTRUCTION , to be considered without any refer ence to the rule , and to be solved by , exclusively , the ordinary process of interpretation . This point , kept steadily in view , would have prevented infinite confusion . " The ...
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Common terms and phrases
aforesaid afterwards age of twenty-one annuities attain the age attain twenty-one bequeathed bequest CHANCERY child or children clause contingent remainder conveyance court covenant cy pres doctrine daughter death decease declared decree deed defendant died directed Elizabeth Emma Frost entitled estate tail event execution executors executory devise fee simple feoffee feoffment freehold fund gift give given grandchildren happen heirs and assigns House of Lords husband intention interest issue male John judgment land lease leasehold estates legacy legatee lessor lifetime limitation living Lord Chancellor marriage married Mary moiety nephew opinion payment perpetuity personal estate plaintiff power of appointment premises provision question real estate remote Reported residuary residue respective rule rule against perpetuities Samuel Heywood Sarah seised settlement share sons surviving survivor take effect tenants in common term testator's testatrix thereof Thomas tion trust unto vested void whole wife William William Jordan words
Popular passages
Page 406 - Sanby, during her life, for her separate use, without power of anticipation; and after her death...
Page 704 - ... and the survivor of them, and the executors and administrators of such survivor...
Page 593 - I do direct that the receipt and receipts of my said trustees, and the survivor of them, and the heirs and assigns of such survivor...
Page 157 - An executory devise or bequest is such a limitation of a future estate or interest in lands or chattels as the law admits in the case of a will, though contrary to the rules of limitation in conveyances at common law.
Page 409 - In Witness whereof I have to this my last Will and Testament...
Page 411 - First, after the payment of my just debts and funeral expenses, I give devise and bequeath to my daughter Agatha Riple wife of Mathias Riple, all of my property both real and personal.
Page 667 - ... of twenty-one years, or die under that age leaving issue living at!
Page 701 - ... attested by, two or more credible witnesses, or by her last will and testament in writing, or any...
Page 545 - ... or during the minority or respective minorities only of any person or persons who under the uses or trusts of the deed...
Page 530 - Princess; 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.