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according action admitted alienation allowed ancestor applied appointment arising assignment authority become claim common law condition consideration considered construction contingent contingent remainder convey conveyance courts covenant created death debt deed descent destroyed determination devise distinction doctrine dower effect English law entitled entry equally equity execution executory exist express feoffment feudal freehold give given grant heirs held hold husband ibid inheritance intention interest issue Jackson Johns joint land lease legal estate limitation Litt living Lord means mortgage N. Y. Revised Statutes nature New-York notice operation opinion original owner particular party pass person possession practice Preston principle provision purchaser question reason remainder rent respect reversion rule says seised seisin settled subsequent succession tail tenant term third tion trust unless vested void whole wife York
Page 206 - 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 303 - ... equity, shall be deemed to have a legal estate therein, of the same quality and duration, and subject to the same conditions, as his beneficial interest...
Page 303 - Where a grant for a valuable consideration shall be made' to one person, and the consideration therefor shall be paid by another, no use or trust shall result in favor of the person by whom such payment shall be made; but the title shall vest in the person named as the alienee in such conveyance, subject only to the provisions of the next section.
Page 203 - 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 504 - Frauds it is enacted, that no devise in writing of lands, tenements, or hereditaments, or any clause thereof, shall be revocable otherwise than by some other will or codicil in writing, or other writing declaring the same, or by burning, cancelling, tearing, or obliterating the same, by the testator himself, or in his presence, and by his directions and consent...
Page 225 - ... the persons who, on the termination of the life estate, shall be the heirs, or heirs of the body of such tenant for life, shall be entitled to take as purchasers, by virtue of the remainder so limited to them.
Page 243 - ... a contingent remainder in fee may be created on a prior remainder in fee, to take effect in the event that the persons to whom the first remainder is. limited, die under the age of twenty-one years, or on any other contingency by which the estate of such persons may be determined before they attain full age.
Page 295 - Atk., 591, says, that by this means, a statute made upon great consideration, introduced in a solemn and pompous manner, has had no other effect than to add, at most, three words to a conveyance.
Page 207 - When a person takes an estate of freehold, legally or equitably, under a deed, will, or other writing, and in the same instrument there is a limitation by way of remainder, either with or without the interposition of another estate, of an interest of the same legal or equitable quality, to his heirs, or heirs of his body, as a class of persons to take in succession from generation to generation, the limitation to the heirs entitles the ancestor to the whole estate.