An Essay on the Learning of Contingent Remainders and Executory Devises, Volume 1R. H. Smith, 1845 - Executory interests |
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Page 169
... heirs of the body of the ancestor , is contingent 3. Where the ancestor's ... male of the body , " & c . when they operate as words of purchase · 17. On ... heirs , or the heirs of the body in the plural num- ber , unqualified by any ...
... heirs of the body of the ancestor , is contingent 3. Where the ancestor's ... male of the body , " & c . when they operate as words of purchase · 17. On ... heirs , or the heirs of the body in the plural num- ber , unqualified by any ...
Page 170
... heirs male of a person operating as words of purchase , the person taking under that description must be general heir , as well as male heir VII . 1. The uncertainty which makes a remainder contingent , is not the uncer tainty of its ...
... heirs male of a person operating as words of purchase , the person taking under that description must be general heir , as well as male heir VII . 1. The uncertainty which makes a remainder contingent , is not the uncer tainty of its ...
Page 216
... heirs , or heirs in tail , such remain- der is immediately executed in possession in the ancestor so taking the ... male of the body of A. who has two sons , the eldest has issue a daughter , and dies , A. and B. die , the youngest son shall ...
... heirs , or heirs in tail , such remain- der is immediately executed in possession in the ancestor so taking the ... male of the body of A. who has two sons , the eldest has issue a daughter , and dies , A. and B. die , the youngest son shall ...
Page 224
... heirs , without any prior limi- tation to themselves , must naturally mean ... male begotten or to be begotten on the body of his second wife ; it was ... heirs male , & c . was executed on the estate for life which he had by 1 Ventr.372 ...
... heirs , without any prior limi- tation to themselves , must naturally mean ... male begotten or to be begotten on the body of his second wife ; it was ... heirs male , & c . was executed on the estate for life which he had by 1 Ventr.372 ...
Page 225
... heirs male of his own body , of Savage , remainder to his own right heirs , the court held the limitation to 2 Salk . 679 . the heirs male of the body to be void , because there was no pre- And vide ceding freehold limited to support it ...
... heirs male of his own body , of Savage , remainder to his own right heirs , the court held the limitation to 2 Salk . 679 . the heirs male of the body to be void , because there was no pre- And vide ceding freehold limited to support it ...
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Common terms and phrases
afterwards ancestor begotten body cited common law common recovery construction contingent remainder conveyance copyhold court court of equity daughter death decease decreed deed default descent determination devised lands died distinction doctrine dying without issue eldest entitled equity estate of freehold estate tail event executed executory devise failure of issue Fearne fee simple feoffees feoffment freehold Goodright grantor happen heir at law heirs male held husband inheritance intention interest issue male lease legacies legal estate life-time living Lord Chancellor Lord Hardwicke mainder marriage Morgan observe opinion particular estate personal estate possession preceding estate proviso rents respect reversion right heirs right of entry rule in Shelley's seems seised seisin settlement sons statute subsequent limitation successively in tail surrender survivor tail male take effect tenant in tail term testator devised testator's tion trust twenty-one vested Vide infra Vide supra void wife words heirs words of limitation
Popular passages
Page 550 - Surrey and the heirs male of his body and for default of such issue...
Page 265 - RG, were parties, and by a recovery suffered in pursuance thereof, the estates were limited to the use of the husband for life, remainder to the wife...
Page 600 - Bart., deceased, and his assigns, for and during the term of his natural life, without impeachment of or for any manner of waste...
Page 348 - The present capacity of taking effect in possession, if the possession were to become vacant, and not the certainty that the possession will become vacant before the estate limited in remainder determines, distinguishes a vested remainder from one that is contingent.
Page 281 - To the use of the said [purchaser] and his assigns, during his life, without impeachment of waste ; AND after the determination of that estate, by forfeiture or otherwise, in...
Page 320 - C. and her assigns, for and during the term of her natural life; and from and after the determination of that estate, to the use of the said trustees and their heirs during the life of the said C.
Page 320 - 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 438 - Gray and his assigns during his natural life, without impeachment of waste; and after the determination of that estate by any means in his lifetime, to the use of the said...
Page 298 - B. for life, though said to be without impeachment of waste, with remainder to trustees to support contingent remainders, remainder to the heirs of the body of B...
Page 224 - And if a grant is made of a joint^estate to husband and wife, and a third person, the husband and wife...