... preceding executory or contingent limitation, or is limited to take effect on a condition annexed to any preceding estate, if that preceding limitation or contingent estate never should arise or take effect, the remainder over will, nevertheless,... Hindoo law - Page 418by John Cochrane - 1872Full view - About this book
| Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1864 - 1154 pages
...preceding estate, if that estate shall never take effect, the remainder over will nevertheless take effect, the first estate being considered only as a preceding limitation, and not as a preceding condition. Without, however, relying on any rule of construction, we cannot doubt, that the intention of the testator... | |
| Great Britain. Courts - Law reports, digests, etc - 1865 - 668 pages
...ed., it is said, " Where a devise is upon a condition annexed to a preceding estate, that is, where it is made after a preceding executory or contingent...condition to give effect to the subsequent limitation." And again, page 237, "As an instance of that class where subsequent estates were limited on a conditional... | |
| John Cochrane - Hindu law - 1872 - 460 pages
...Sourendro was to take a life interest. The estate to the Son of Joteendro was only to arise on the EE contingency of a Son being born or adopted. It is...delivering the opinion of the Court in Gulliver v. Wickett, said : " That the limitation over was good ; that the devise to the infant being ineffectual... | |
| Law - 1901 - 1172 pages
...effect on a condition annexed to any preceding estate, If the preceding estate should never arise, the remainder over will nevertheless take place; the...condition to give effect to the subsequent limitation. Norris v. Beyea, 13 NY 273, 287. Where there was a devise and bequest to the testator's son of real... | |
| Law reports, digests, etc - 1889 - 1132 pages
...non-existence of such devisee, the consequence is the same,) the remainder over will nevertheless take effect; the first estate being considered only as a preceding...condition to give effect to the subsequent limitation. 1 Fearne, Rera. 510-513; 1 Pow. Dev. 196-202, and notes; Redf. Wills, (1st Ed.) pt. 2, p. 595. For,... | |
| Law reports, digests, etc - 1908 - 1148 pages
...nonexlstence of such devisee, the consequence Is the same), the remainder over will nevertheless take effect, the first estate being considered only as a preceding...condition to give effect to the subsequent limitation. * * * For, as was declared by Lord Hardwicke, in Avelyn v. Ward, 1 Ves. Sr. 420: 'If the precedent... | |
| Law reports, digests, etc - 1886 - 844 pages
...preceding estate, if that estate shall never take effect, the remainder over will nevertheless take effect, the first estate being considered only as a preceding limitation, and not as a preceding condition. Without, however, relying on any rule of construction, we can not doubt, that the intention of the... | |
| James Schouler - Executors and administrators - 1923 - 868 pages
...take effect on a condition annexed to a preceding estate, if the preceding estate should never arise the remainder over will nevertheless take place, the...considered only as a preceding limitation and not as a condition. So in case of a devise to A for life and on his death to В or in case of B 's death before... | |
| Law reports, digests, etc - 1913 - 1238 pages
...preceding limitation or contingent estate never should arise or take effect, the remainder orewill, nevertheless, take place ; the first estate being...condition to give effect to the subsequent limitation."' And again (page 237), " As an instance of that class where subsequent estates were limited on a conditional... | |
| Law reports, digests, etc - 1889 - 1232 pages
...non-existence of such devisee, the consequence is the same,) the remainder over will nevertheless take effect; the first estate being considered only as a preceding limitation, and not as »preceding condition to give effect to the subsequent limitation. 1 Fearne, Rem. 510-513; 1 Pow. Dev.... | |
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