An Elementary Treatise on Estates: With Preliminary Observation of the Quality of Estates, Volume 1J. & W.T. Clarke, 1820 - Estates (Law) |
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Page vii
... opinion of those Gentlemen of the profession who are distin- guished for their superior abilities , and the liberality of their conduct , he will readily subscribe ; for he would not be understood to arrogate any merit from the ...
... opinion of those Gentlemen of the profession who are distin- guished for their superior abilities , and the liberality of their conduct , he will readily subscribe ; for he would not be understood to arrogate any merit from the ...
Page xv
... Construction 2. Rule opposed to the Intention of the Parties 3. The principal Difficulty is to ascertain whether the Rule or the Intention shall prevail 271 ib . 271 Opinion of Lord Mansfield that the Rule is not - CONTENTS . XV.
... Construction 2. Rule opposed to the Intention of the Parties 3. The principal Difficulty is to ascertain whether the Rule or the Intention shall prevail 271 ib . 271 Opinion of Lord Mansfield that the Rule is not - CONTENTS . XV.
Page xvi
With Preliminary Observation of the Quality of Estates Richard Preston. Opinion of Lord Mansfield that the Rule is not - Page . · 272 uncontrolable by Intention According to Mr. Justice Buller , the Rule shall pre- vail unless the Words ...
With Preliminary Observation of the Quality of Estates Richard Preston. Opinion of Lord Mansfield that the Rule is not - Page . · 272 uncontrolable by Intention According to Mr. Justice Buller , the Rule shall pre- vail unless the Words ...
Page xviii
... Opinions of J. Aston , Willes , and Yates to this effect , and Reasons in support of that Opinion 2. To the Relation between the Ancestor and Heir Opinions , 1. Of Ch . B. Gilbert 2. Of Mr. Fearne 296 ib . 295 - ib . ib . 298 299 ...
... Opinions of J. Aston , Willes , and Yates to this effect , and Reasons in support of that Opinion 2. To the Relation between the Ancestor and Heir Opinions , 1. Of Ch . B. Gilbert 2. Of Mr. Fearne 296 ib . 295 - ib . ib . 298 299 ...
Page xxi
... 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 ib . 323 , 325 How this Position must be ...
... 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 ib . 323 , 325 How this Position must be ...
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Other editions - View all
An Elementary Treatise on Estates: With Preliminary Observations on the ... Richard Preston, Jr. No preview available - 2015 |
An Elementary Treatise on Estates: With Preliminary Observation of the ... No preview available - 2020 |
Common terms and phrases
ancestor applied arise body cestui common law common recovery construction contingent interest contingent remainders conveyance conveyed Court Court of Chancery courts of equity cross remainders death deed defeat descent determination distinct entirety entitled equity estate in fee estate limited estate of freehold estate-tail event executory devise executory interest express Fearne fee-simple feoffees feoffment gift give grant grantor heirs male hereditaments husband and wife inheritance Inst instances intail intention issue joint-tenants land lease legal estate limi limited to commence line of remainders Loddington Lord Coke Lord Raym mainder moiety observations operation owner ownership particular estate person possession power of alienation preceding estate purchase remainder is limited rent reversion right heirs right of enjoyment rule rule in Shelley's seised seisin statute of 27 take effect tation tenant in tail tenants in common tenements term tingent tion trust vest in interest vested interest void word heirs
Popular passages
Page 150 - Where by the common laws of this realm, lands, tenements, and hereditaments be not devisable by testament, nor ought to be transferred from one to another, but by solemn livery and seisin, matter of record ', writing sufficient made bona fide, without covin or fraud...
Page 151 - ... to the uses of aliens born, and also the profits of waste for a year and a day of lands of felons attainted, and the lords their escheats thereof; and many other inconveniences have happened and daily do increase among the King's subjects, to their great trouble 'and inquietness, and to the utter subversion of the ancient common laws of this realm...
Page 360 - E his son for life, remainder to the use of the first son of the body of E, and the heirs males of the body of such first son...
Page 70 - When a remainder is limited to a person in esse and ascertained to take effect by words of express limitation on the determination of the preceding particular estate, this remainder is most clearly and unquestionably vested.
Page 152 - ... of and in such like estates, as they had or shall have in use, trust, or confidence of or in the same...
Page 277 - Davison, upon trust, to support and preserve the contingent uses and estates hereinafter limited from being defeated or destroyed, and for that purpose to make entries and bring actions as occasion...
Page 152 - ... where any person or persons stand or be seised or at any time hereafter shall happen to be seised, of and in any honours castles manors lands tenements rents services reversions remainders or other hereditaments, to the use confidence or trust of any other person or persons or of any body...
Page 264 - The rule simply is that where an estate of freehold is limited to a person, and the same instrument contains a limitation, either mediate or immediate, to his heirs, or the heirs of his body, the word 'heirs' is a word of limitation; ie, the ancestor takes the whole estate comprised in this term.
Page 132 - In point of fact, and agreeable to natural reason, free from artificial deductions, the husband and wife are distinct and individual persons; and accordingly, when lands are granted to them as tenants in common, thereby treating them without any respect to their social union, they will hold by moieties, as other distinct and individual persons would do.
Page 151 - ... and scantly any person can be certainly assured of any lands by them purchased, nor know surely against whom they shall use their actions or executions for their rights, titles and duties...