Select Cases and Other Authorities on the Law of Property, Volume 5C. W. Sever, 1891 |
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Page 68
... death , in case she shall have no other child living at her death . If this be considered as an executory devise , the fine did not bar it ; and the lessor of the plaintiff is entitled to recover . If it be considered as a contingent ...
... death , in case she shall have no other child living at her death . If this be considered as an executory devise , the fine did not bar it ; and the lessor of the plaintiff is entitled to recover . If it be considered as a contingent ...
Page 69
... death of the testator , the same change must , by parity of reason , take place on the death of the per- son whose interest alone caused the limitation to be considered as an executory devise . That a limitation in a will which , at the ...
... death of the testator , the same change must , by parity of reason , take place on the death of the per- son whose interest alone caused the limitation to be considered as an executory devise . That a limitation in a will which , at the ...
Page 76
... death William Hall had no children living , but five children had since been born to him , of whom three were living at the death of the testator's widow , Mary Hall , the tenant for life , the other two having been born since her death ...
... death William Hall had no children living , but five children had since been born to him , of whom three were living at the death of the testator's widow , Mary Hall , the tenant for life , the other two having been born since her death ...
Page 78
... death . That was the particular period pointed out for ascertaining the class , and if no children of William Hall were then living , then the property was to go over to the Wilman family . I men- tion , lest it should be thought that I ...
... death . That was the particular period pointed out for ascertaining the class , and if no children of William Hall were then living , then the property was to go over to the Wilman family . I men- tion , lest it should be thought that I ...
Page 83
... death , which were in Brackenbury v . Gibbons , and which we have here , did not occur . The Vice - Chancellor says that " Every gift which can take effect as a remainder absolutely excludes its being treated as an executory devise ...
... death , which were in Brackenbury v . Gibbons , and which we have here , did not occur . The Vice - Chancellor says that " Every gift which can take effect as a remainder absolutely excludes its being treated as an executory devise ...
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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.