Commentaries on American Law, Volume 4W. Kent, 1848 - Law |
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... Remainder , 1. Of the general nature of remainders , 2. Of vested remainders , 3. Of contingent remainders , 4. Of the rule in Shelley's case , 5. Of the particular estate , 6. Of remainders limited by way of use , • 186-190 192 193 197 ...
... Remainder , 1. Of the general nature of remainders , 2. Of vested remainders , 3. Of contingent remainders , 4. Of the rule in Shelley's case , 5. Of the particular estate , 6. Of remainders limited by way of use , • 186-190 192 193 197 ...
Page 11
... remainder might not be granted out of such a qualified fee . Gardner v . Shelden , Vaughan , 269. But the rule is probably otherwise , and on a fee - simple conditional at common law , a remainder could not be created , for the fee was ...
... remainder might not be granted out of such a qualified fee . Gardner v . Shelden , Vaughan , 269. But the rule is probably otherwise , and on a fee - simple conditional at common law , a remainder could not be created , for the fee was ...
Page 12
... remainders . He conveys only a base or qualified fee , though the remainder - man will be barred by limitation of time , as a stranger would upon a fine levied with proclamations . It is the com- * 14 * Co. Litt . 19. b . Mildmay's case ...
... remainders . He conveys only a base or qualified fee , though the remainder - man will be barred by limitation of time , as a stranger would upon a fine levied with proclamations . It is the com- * 14 * Co. Litt . 19. b . Mildmay's case ...
Page 14
... remainder in tail , may by deed convey the whole estate , as if the remainder was in fee- simple . In Alabama and Mississippi , a man may convey or devise land to a succession of donees then living , and to the heirs of the remainder ...
... remainder in tail , may by deed convey the whole estate , as if the remainder was in fee- simple . In Alabama and Mississippi , a man may convey or devise land to a succession of donees then living , and to the heirs of the remainder ...
Page 17
... remainder - man in tail . Exe- cutory limitations went further , and allowed the party to introduce at his pleasure any number of lives , on which the contingency of the executory estate depended , pro-- vided they were lives in being ...
... remainder - man in tail . Exe- cutory limitations went further , and allowed the party to introduce at his pleasure any number of lives , on which the contingency of the executory estate depended , pro-- vided they were lives in being ...
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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...