Commentaries on American Law, Volume 4O. Halsted, 1830 - 1826-1830 |
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Page 2
... feudal tenure . The statute of New - York , to which I have alluded , made an unnecessary distinction in legal phraseology as applied to estates ; and the distinction lay b • a See the Reports passim , and particularly 18 Johns . Rep ...
... feudal tenure . The statute of New - York , to which I have alluded , made an unnecessary distinction in legal phraseology as applied to estates ; and the distinction lay b • a See the Reports passim , and particularly 18 Johns . Rep ...
Page 3
... feudal tenures of every description , with their incidents , are . abolished , subject nevertheless to the liability to escheat , and to any rents or services certain , which had been , or might be , created or reserved . And , to avoid ...
... feudal tenures of every description , with their incidents , are . abolished , subject nevertheless to the liability to escheat , and to any rents or services certain , which had been , or might be , created or reserved . And , to avoid ...
Page 6
... feudal policy , which no longer exist , and it has now become entirely technical . A feudal grant was stricti juris , made in consideration of the per- sonal abilities of the feudatory , and his competency to render military service ...
... feudal policy , which no longer exist , and it has now become entirely technical . A feudal grant was stricti juris , made in consideration of the per- sonal abilities of the feudatory , and his competency to render military service ...
Page 12
... feudal estate . ( 4. ) Of Fees tail . - The statute de donis took away the power of alienation on the birth of issue , and the courts of justice considered that the estate was divided into a particu- Jar estate in the donee , and a ...
... feudal estate . ( 4. ) Of Fees tail . - The statute de donis took away the power of alienation on the birth of issue , and the courts of justice considered that the estate was divided into a particu- Jar estate in the donee , and a ...
Page 13
... feudal aristocracy , because estates tail were not liable to forfeiture for treason or felony , nor chargeable with the debts of the ancestor , nor bound by alienation . They were very conducive to the security and power of the great ...
... feudal aristocracy , because estates tail were not liable to forfeiture for treason or felony , nor chargeable with the debts of the ancestor , nor bound by alienation . They were very conducive to the security and power of the great ...
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Common terms and phrases
alienation ancestor bargain and sale chancery common law common recovery condition contingent remainder convey conveyance court of equity covenant created creditor curtesy death debt declared deed default descent disseisin distinction doctrine dower English law entitled entry equally estate of freehold estate tail execution executory devise Fearne fee simple feoffee feoffment feudal forfeiture freehold grant grantor Harr heirs held husband ibid intention interest issue Jackson Johns joint tenants land lease legal estate lessee limitation Litt livery Lord Coke Lord Hardwicke Lord Mansfield mortgage mortgagor N. Y. Revised Statutes New-York Revised Statutes notice operation owner particular estate party personal estate possession Preston on Estates principle provision purchaser real property reversion revocation rule rule in Shelley's seised seisin statute of frauds Sugden on Powers take effect Term Rep tion trust Vesey Vesey's Rep vested void widow wife words
Popular passages
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 288 - And therefore on a feoffment to A and his heirs, to the use of B and his heirs...
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.