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The Order of Time, in which they must be named
to take with Reference to their Ancestor and the
Determination of his Estate
-
Page.
323
ib.
On a Limitation to the Heirs, to arise by Springing Use
The Heirs must be named, to take by way of Re-
mainder, and as Heirs of the Donee
322, 324
Not of an Ancestor
Conclusions to Mr. Fearne's Opinion on a Limitation
to the Heirs, under a Power contained in an In-
strument, which gives a Freehold to the Ancestor
The Limitation to the Heirs must be to them as a
Class of Persons
322
323, 325
Parties, that the Heirs shall take by Purchase 326, 384
Application of the Rule to the Intention
325
326
2.
Observations on Cases demonstrative of the Intention:
1. Reference to the Limitation naming the Heirs,
as giving a Contingent Interest-
Reference to the Power of Alienation by the Ancestor
327
3. Reference to the Mode in which the Heirs are to take, as by Purchase, severally, &c. Directions for discovering the Application of the Rule, as far as depends on the Limitation to the Heirs
Limitation to Heirs fails of Effect, because the Gift
to the Ancestor lapses
329
The Limitation to the Heirs may give an Interest of a
Quality different from the Freehold
Freehold may determine in his Life-time
Circumstances which will render the Interest under
the Limitation to the Heirs Contingent
Freehold to one, and Gift to the Heirs of the Bodies
of two Persons
334
Freehold to one, and Gift to right Heirs of Husband
and Wife
Or Persons who are married, or may intermarry
Joint Freehold to two, and Limitation to their Heirs,
or Heirs of their Bodies
Joint Freehold to two, and Heirs of their Bodies; a
Husband or Wife being one of these, Persons
To two successively and their Heirs, or Heirs
of their Bodies
To two and the Heirs, or Heirs of the Body of one
Examination of Owen's Case, &c. -
335
336
337
To two as Tenants in common, and the Heirs of one
of them
341
To several Persons, and the Heirs of
1. The Survivor
342
2. The Ancestor who shall first die
To two and their Heirs, or Heirs of their Bodies
343
345
To three or more Persons and their Heirs, &c.
To several Persons, and the Heirs of one of them, and of other Persons
Of Merger by Union
of intermediate Interests, and of Union with a re-
mote Estate, subject to open for the Admission of
Contingent Remainders
On Words of superadded Limitation:
General Observations on this Point
Shelley's Case, and Goodright and Pullyn, &c. stated,
and Conclusions from these Cases
Influence of superadded Words depends on the
Modification of the Descent
Effect of superadded Words of Limitation, varying
the Course of Descent
Instances in which they have been held to be Words
3445
347
349
349, 368
On those superadded Words which will not control
the Words first used
Authorities,
Wright and Pearson
Dodson and Grew, &c. &c.
351
Construction of these Authorities
General Observations on the Difference between the
Observations on the particular Case of Dodson and
Exception of Trusts which are Executory;
1. In Marriage Articles -
2. In other Instruments, from clear Expressions,
which show that Children are designed to
take under the Denomination of Heirs
Limitations in Marriage Articles always give Execu-
tory Interests
Difference between a Settlement made before and
one made after Marriage, and a Settlement made
before Marriage, with Reference to the Articles,
and one made independently of them
The Circumstances which constitute an Executory
Trust
First-In legal Limitations in Deeds:
Instances of Limitations affording Examples of Ex-
ceptions;
1. To one Person and the Heirs of that Person
and another, when the Persons are married
or may lawfully intermarry
2. With Words of ingrafted Limitation pre-
scribing a different Order of Succession,
and Examples
3. With the Word Heirs used in the Sense of
354
355
356
357
358
358, 361
359, 360, 363
360
361
5. In the Sense of every other Son after the
Secondly-In legal Limitations by Will:
Circumstances which will not prevent the Word Heirs
from being a Word of Limitation;
1. Declaration that the Ancestor shall have an
Estate for Life, and no longer
2. Shall have an Estate for Life only
365
3. That he shall have an Estate of this Descrip-
tion, and no Power to sell
366
4. That he shall be exempt from Waste, or have
a Power of Leasing or Jointuring
5. That an Estate is devised in Trust to support
Contingent Remainders -
6. That the Heirs shall take severally and suc- cessively
7. That they shall take equally between them -
8. As Tenants in common, and not as Joint-
tenants, whether Sons or Daughters
9. That the Heir shall be the first, next, or
eldest, unless there are Words varying the
Succession
Thirdly-From Words of superadded Limitation :
Under what Circumstances the Words first naming
the Heirs shall or shall not be changed into Words
of Purchase by Words of superadded Limitation
366, 367
367
368
Circumstances requisite in a Will to make the Word
Heirs a Word of Purchase;
That they must describe,
Fourthly-On Limitations in Deeds and Wills of Trusts
executed:
General Rule
382
The Word Heirs will not be a Word of Purchase,
from the Circumstance,
1. That the Ancestor is named to be Tenant for
Life
383
4. With a Provision that the Estate shall be a
5. With a Limitation to Trustees for supporting
6. That the Heirs shall take severally and suc-
cessively, according to their Seniority
Superadded Words of Limitation
Preference of Males, &c. of the Elder, &c.
Declaration that the Heirs shall take by Purchase,
&c.
On Bagshaw and Spenser
384
326, 384
Fifthly-On Trusts Executory:
Circumstances which constitute an Executory In-
An Agreement or Covenant to do an Act, will not always make a Trust Executory
Construction will depend on the Intention
It must depend on the View which the Parties have to another Instrument
On a Reference to Uses of which the Effect is already
ascertained
1. Roe and Aistrop
2. Austen and Taylor
3. White and Thornborough -
Particular Observations on Marriage Articles and Executory Instruments