 | Leonard Shelford, Great Britain - Land tenure - 1863 - 930 pages
...estate (other than or not being a presentation to a church) shall be devised to any trustee or executor, such devise shall be construed to pass the fee simple...to dispose of by will in such real estate, unless a definite term of years, absolute or determinable, or an estate of freehold, shall thereby be given... | |
 | Henry John Stephen - Law - 1863 - 812 pages
...and by the new statute it is accordingly provided, " that where any " real estate shall be devised to any person without any " words of limitation, such devise shall be construed to " pass the fee-simple, or other the whole estate or interest " which the testator had power to dispose of by will,... | |
 | Leonard Shelford, Great Britain - Land tenure - 1863 - 926 pages
...such devise shall be construed to vest in such trustee the fee simple, or other the whole legal estate which the testator had power to dispose of by will in such real estate and not an estate determinable when the purposes of the trust shall be satisfied. 32. Where any person... | |
 | Thomas Spence - Admission to the bar - 1864 - 456 pages
...create only an estate for life, but since the 1 Yic. , c. 26, where any real estate shall be devised to any person without any words of limitation, such...estate, unless a contrary intention shall appear by the will. Another important rule of construction is that with regard to the words dying without issue... | |
 | India, Whitley Stokes - Inheritance and succession - 1865 - 316 pages
...testator, the English Wills Act, Section 28, enacted that " where any real estate shall be devised to any person without any words of limitation, such...power to dispose of by Will in such real estate." This Section has been held to apply only to devises of previously existing estates or interests, and... | |
 | John Scott, Great Britain. Court of Common Pleas - Law reports, digests, etc - 1865 - 534 pages
...such devise shall be construed to vest in such trustee the fee simple or other the whole legal estate which the testator had power to dispose of by will in such real estate, and not an estate determinable when the purposes of the trust shall be satisfied.' These clauses have... | |
 | Alex. Charles Ewald - 1867 - 362 pages
...such devise shall be construed to vest in such trustee the fee-simple, or other the whole legal estate which the testator had power to dispose of by will in such real estate, and not an estate determinable when the purposes of the trust shall be satisfied." The thirty-fourth... | |
 | Banks and banking - 1869 - 1274 pages
...any person without any words of limitation, such devise shall bf construed to pass the fee simple, 01 other the whole estate or interest which the testator had power to disposo of by will in such real estate, unless a contrary intention shall appear by the will." By section... | |
 | Josiah William Smith - Conveyancing - 1870 - 738 pages
...— ; that " where any real estate shall be devised to any person to persons taking a fee. \yithout any words of limitation, such devise shall be construed...will in such real estate, unless a contrary intention appear by the will." By this enactment the rule "of law is reversed. An indefinite devise now primS,... | |
 | Great Britain. Courts - Law reports, digests, etc - 1870 - 540 pages
...such devise shall be construed to vest in such trustee the fee simple, or other the whole legal estate which the testator had power to dispose of by will in such real estate, and not an estate determinable when the purposes of the trust shall be satisfied." I am far from saying... | |
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Where any real estate shall be devised to any person without any words of limitation, such devise shall be construed to pass the fee simple or other the whole estate or interest, which the testator had power to dispose of by the will, in such real estate,... 
