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" 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... "
An Elementary Treatise on Estates: With Preliminary Observation of the ... - Page 264
by Richard Preston - 1820
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A Succinct View of the Rule in Shelley's Case: Exhibiting, by Negative and ...

Richard Preston - Distribution of decedents' estates - 1794 - 192 pages
...freehold, by any gift or conveyance ; and in " the fame gift, or conveyance, there is a limi" tation, either mediate or immediate, to his " heirs, or heirs...body, the word heirs is " a word of limitation of the eftate, and not of " purchafe ;" (c) by which it muft be underftood that it is not a defignation of...
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An Analysis: Arranged to Serve Also as a Compendious Digested Index of Mr ...

Richard Holmes Coote - Executory interests - 1814 - 226 pages
...the same gift or-conveyance an estate is limited, either mediate or immediate, to his heirs or the heirs of his body, the word " heirs" is a word of limitation, and not of purchase. F- 76 The accuracy of the terms in which the rule is there laid down, is disputed...
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An Essay in a Course of Lectures on Abstracts of Title: To ..., Volumes 1-3

Richard Preston - Abstracts of title - 1818 - 486 pages
...transactions of mankind. This rule is expressed in these terms by Mr. JF<earĀ«e,Conting. Rem. 4thedit.30. " Where the ancestor takes an estate of freehold, by...the same gift or conveyance there is a limitation, mediate or immediate, to his heirs, or heirs of his body, the word ' heirs' is a word of limitation...
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An Essay in a Course of Lectures on Abstracts of Title: To ..., Volume 1

Richard Preston - Abstracts of title - 1818 - 482 pages
...transactions of mankind. This rule is expressed in these terms byMr."Fearwe,Conting. Rem. 4th edit. 30. " Where the ancestor takes an estate of freehold, by...the same gift or conveyance there is a limitation, mediate or immediate, to his heirs, or heirs of his body, the word ' heirs' is a word of limitation...
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Reports of Cases Argued and Determined in the General Court and ..., Volume 6

Maryland. Court of Appeals, Thomas Harris, Reverdy Johnson - Law reports, digests, etc - 1825 - 614 pages
...contended, that the devise to Thomas Digges, Sic. is within the rule laid down in Shelley''* case, "that where the ancestor takes an estate of freehold by any gift or (jonveyance, and in the same gift or conveyance an estate is limited either mediately or immediately...
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A Treatise on Wills, Volume 2

Thomas Jarman - Wills - 1844 - 820 pages
...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. Thus, if the limitation be to the heirs...
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Scott's New Reports in the Court of Common Pleas and Exchequer Chamber [1840 ...

Great Britain. Court of Common Pleas, John Scott - Law reports, digests, etc - 1845 - 1114 pages
...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." There is no authority for reading the latter part of the rule as if, where the words " to his heirs,"...
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A Selection of Leading Cases on Real Property, Conveyancing, and the ...

Owen Davies Tudor - Conveyancing - 1856 - 942 pages
...same gift or conveyance an estate is limited, either mediately or immediately, to his heirs, or the heirs of his body, the word " heirs" is a word of limitation and not of purchase ; so that the ancestor takes the whole estate comprised in the term, that is to...
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Reports of Cases Argued and Determined in the Supreme Court and in ..., Volume 3

Hiram Denio - Law reports, digests, etc - 1859 - 652 pages
...this case. Preston, in his work on estates, (vol. 1, p. 263,) thus clearly states the rule. " When an ancestor takes an estate of freehold by any gift or...the same gift or conveyance there is a limitation, mediate or immediate, to his heirs, or heirs of his body, the word 'heirs' is a word of limitation...
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Massachusetts Reports: Cases Argued and Determined in the Supreme ..., Volume 54

Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1866 - 664 pages
...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 ; that is, the ancestor takes the whole estate comprised in this term. Thus, if the limitation be to...
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