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afterwards age of 21 arise assigns ation begotten body Boreton Burnsall chattels child cited common recovery conditional limitation construction construed contended contingent remainder conveyance court covenant creditors cutory daughter death decease decreed default died disposition doctrine Duke dying without issue Earl eldest estate tail estoppel event executory devise executory interest executory limitations failure of issue father Fearne's Essay fee-simple feoffees feoffment freehold happen heirs male held inheritance intention issue male lands lease lease and release leasehold estates leaving issue leaving no issue levied limitations by deed limited to take Lord Eldon Lord Hardwicke Lord Mansfield mainder manor marriage ment mitation opinion particular estate personal estate preceding estate principle question real estate rent right heirs rule of law seems seised settled settlement settlor springing subsequent limitation survivor tail male take effect tenant in tail thereof tion trust vested void whole term words
Página 32 - Limitations of terms are now of general use. Their bounds are settled. The rules concerning them are certain and established. When they came to be allowed by will, or by declaration of trust, the substantial reason was the same for allowing them by deed. A strained construction should not be made to overturn the lawful intent of the parties. It was lawful to secure this lease for the benefit of the mother during her life, and afterwards by way of provision for her son. All the parties undoubtedly...
Página 82 - Stapilton was tenant for ninety-nine years, if he should so long live, remainder to trustees to preserve contingent remainders, remainder to his first and other sons in tail male, remainder to his right heirs.
Página 157 - There are two kinds of possibilities ; the one, a bare possibility ; that which the heir has from the courtesy of his ancestor, and which is nothing more than a mere hope of succession. Such a possibility, undoubtedly, is not the object of disposition ; for if the heir were to dispose of it during the life of the ancestor, though it afterwards devolved on him from his ancestor, such disposition would be void.
Página 122 - Where nothing but a life interest is given over the failure of issue must necessarily be intended a failure within the compass of that life, but where the entire interest is given over the mere circumstance that one taker is confined to a life interest furnishes no indication of an intention to make the whole bequest depend upon the existence of that person at the time when the event happens on which the limitation over is to take effect.
Página 22 - Roake, for her life, by even quarterly payments, to and among his children lawfully begotten, equally at the age of twenty-one, and their heirs as tenants in common ; but if only one child should live to attain such age, to him or her and his or her heirs at his or her age of twenty-one.
Página 10 - A. to appoint this sum as he might think proper among the younger children ; remainder to the first and other sons of the marriage successively in tail male ; remainder to the daughters, as tenants in common in tail.
Página 126 - ... their deaths, to the use of the heirs of the body of the wife by the husband to be begotten ; and the House of Lords held that the term Henry.
Página 151 - ... to the use of such person and persons, and of such estate and estates as he should limit and appoint by his last will in writing, and afterwards by his last will in writing, he devised the said third acre...
Página 28 - That the limitation of a term to several persons in remainder, one after the other, if such persons be all In being and particularly named, can in no wise tend to the entail of a chattel or creating of a perpetuity, but the limiting of It to a person not in being doth.