Commentaries on American Law, Volume 4W. Kent, 1848 - Law |
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Page 28
... entry . 40 . 2 Wright on Tenures , 194. Craig's Jus Feudale , lib . 2. Dieg . 22. sec . Bracton , lib . 5 , c . 30 , sec . 7 . Glanville , lib . 7 , c . 18 . Hale's Hist . Com . Law , c . 9. In the form of the writ given by Sir Matthew ...
... entry . 40 . 2 Wright on Tenures , 194. Craig's Jus Feudale , lib . 2. Dieg . 22. sec . Bracton , lib . 5 , c . 30 , sec . 7 . Glanville , lib . 7 , c . 18 . Hale's Hist . Com . Law , c . 9. In the form of the writ given by Sir Matthew ...
Page 30
... entry , the inheritance will go , not to her heir , but to the heir of the person last seised , and the husband will not have his curtesy . a The rule has been carried still further in this country ; and in one state , where the title ...
... entry , the inheritance will go , not to her heir , but to the heir of the person last seised , and the husband will not have his curtesy . a The rule has been carried still further in this country ; and in one state , where the title ...
Page 33
... entry , and the curtesy is pre- served . If , however , instead of being a simple limita- tion , it be a conditional limitation , it is said , that , in that . case , the curtesy would be defeated , for the conditional limitation cuts ...
... entry , and the curtesy is pre- served . If , however , instead of being a simple limita- tion , it be a conditional limitation , it is said , that , in that . case , the curtesy would be defeated , for the conditional limitation cuts ...
Page 37
... entry , whereas the husband has always the power of procuring seisin of the wife's land . " If land descends to the husband as heir , and he dies before * entry , his wife will be entitled to her dower ; and this would be the case ...
... entry , whereas the husband has always the power of procuring seisin of the wife's land . " If land descends to the husband as heir , and he dies before * entry , his wife will be entitled to her dower ; and this would be the case ...
Page 38
James Kent. continues his seisin , and the husband dies before entry , or if he dies before entry in a case of forfeiture for a condition broken , his wife is not dowable , because he had no seisin either in fact or in law . The laches ...
James Kent. continues his seisin , and the husband dies before entry , or if he dies before entry in a case of forfeiture for a condition broken , his wife is not dowable , because he had no seisin either in fact or in law . The laches ...
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Common terms and phrases
alienation ancestor assignment chancery chattels Code common law condition contingent remainder convey conveyance court of chancery court of equity covenant created creditor curtesy death debt declared decree deed default descendants doctrine dower English law entitled entry equity of redemption estate tail estoppel execution executory devise Fearne feoffees feoffment feudal foreclosure forfeiture freehold grant grantor heirs held husband ibid intention interest issue Jackson Johns jointure judgment land lease lessee lien limitation Litt Lord Coke Lord Eldon Lord Hardwicke Massachusetts mortgage mortgagor N. H. Rep New-Jersey New-York Revised Statutes North Carolina notice Ohio Rep operation Paige particular estate party personal estate possession Preston principle provision purchaser real estate rule rule in Shelley's seised seisin statute law subsequent Sugden supra take effect tate tenant Term Rep tion trust Vesey vested void widow wife words writ
Popular passages
Page 449 - Every contract for the leasing for a longer period than one year, .or for the sale of any lands or any interest in lands, shall be void, unless the contract, or some note or memorandum thereof, expressing the consideration, be in writing, and be subscribed by the party by whom the lease or sale is to be made.
Page 213 - It is a rule in law when the ancestor by any gift cr conveyance takes an estate of freehold, and in the same gift or conveyance an estate is limited, either mediately or immediately to his heirs in fee or in tail, that always in such cases 'the heirs' are words of limitation of the estate, and not words of purchase.
Page 271 - The absolute power of alienation shall not be suspended by any limitation or condition whatever, for a longer period than during the continuance of not more than two lives in being at the creation of the estate, except in the single case mentioned in the next section.
Page 203 - 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, universally distinguishes a vested remainder from one that is contingent.
Page 514 - ... at the foot or end thereof by the testator, or by some other person in his presence and by his direction; and such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses shall attest and shall subscribe the will in the presence of the testator, but no form of attestation shall be necessary.
Page 375 - ... part of the personal estate ; and this law relative to descents and dower, shall remain in full force, until altered by the legislature of the district.
Page 2 - All lands within this State are declared to be allodial, so that, subject only to the liability to escheat, the entire and absolute property is vested in the owners according to the nature of their respective estates.
Page 212 - Every disposition of real property, whether by deed or by devise, shall be made directly to the person in whom the right to the possession and profits is intended to be vested, and not to...
Page 536 - We may lay it down as an incontrovertible rule that, where an estate is given to a person generally or indefinitely with a power of disposition...