Commentaries on American Law, Volume 4O. Halsted, 1830 - 1826-1830 |
From inside the book
Results 1-5 of 68
Page 8
... subsequent to the statute , passes all the interest of the grantor or testator , unless the intent to pass a less estate or interest appears in express terms or by necessary impli- cation . The statute of New - York also adds , for ...
... subsequent to the statute , passes all the interest of the grantor or testator , unless the intent to pass a less estate or interest appears in express terms or by necessary impli- cation . The statute of New - York also adds , for ...
Page 13
... subsequent authors , and the true policy and rule of the common law is deemed to have been overthrown by the statue de donis establish- ishing those perpetuities . Attempts were frequently made in Parliament to get rid of them , but the ...
... subsequent authors , and the true policy and rule of the common law is deemed to have been overthrown by the statue de donis establish- ishing those perpetuities . Attempts were frequently made in Parliament to get rid of them , but the ...
Page 16
... subsequent lecture . In Connecticut , the doctrine of conditional fees , so far as they are a species of entails , re- straining the descent to some particular heirs in exclusion of others , have never been recognised or adopted . These ...
... subsequent lecture . In Connecticut , the doctrine of conditional fees , so far as they are a species of entails , re- straining the descent to some particular heirs in exclusion of others , have never been recognised or adopted . These ...
Page 33
... subsequent words , was made determinable upon some particular event , there the curtesy and dower cease with the estate to which the event is annexed . The case of Buckworth v . Thirkell , stands in the way of the doctrine of Mr. Butler ...
... subsequent words , was made determinable upon some particular event , there the curtesy and dower cease with the estate to which the event is annexed . The case of Buckworth v . Thirkell , stands in the way of the doctrine of Mr. Butler ...
Page 40
... subsequent remainder to his heirs , will prevent dower . The prevailing language with the best property lawyers is , that a remainder to the heirs so cir- cumstanced , is executed in possession in the tenant for life sub modo , and that ...
... subsequent remainder to his heirs , will prevent dower . The prevailing language with the best property lawyers is , that a remainder to the heirs so cir- cumstanced , is executed in possession in the tenant for life sub modo , and that ...
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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.