An Analysis: Arranged to Serve Also as a Compendious Digested Index of Mr. Fearne's Essay on Contingent Remainders and Executory Devises, and of Mr. Butler's Notes


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Página 146 - It is a rule of law, when the ancestor by any gift or 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,
Página 58 - The rule simply is that where an estate of freehold is limited to a person, and the same instrument contains a limitation, either mediate or immediate, to his heirs, or the heirs of his body, the word 'heirs' is a word of limitation; ie, the ancestor takes the whole estate comprised in this term.
Página 116 - And thus, where money was by will directed to be laid out on land, and settled to the use of A. for life, and after his decease to the heirs male of his body...
Página 89 - Cornish and the heirs of her body lawfully begotten or to be begotten, as well females as males...
Página 80 - ... is so limited that it must take effect, if at all, within twentyone years after the period of a life then in being, may be good in event, if no one of the preceding limitations which would carry the whole interest happens to vest.
Página 116 - It was a gift to A. for life, remainder to trustees to preserve contingent remainders, remainder to the first and other sons in tail male, and, on failure of such issue, to others.
Página 55 - B. and the survivor of them, and the heirs of such survivor, in trust to sell...
Página 104 - Tarleton for life, with remainder to her first and other sons in tail male, with sundry other remainders to unborn children; and with the ultimate remainder to John Tarleton in fee.
Página 31 - Woodford, and the survivors and survivor of them, and the heirs and assigns of such survivor, do and shall...
Página 146 - Wherever the ancestor, by any gift or conveyance, takes an estate of freehold, and there is afterwards in the same gift or conveyance a limitation to his right heirs or heirs in tail, after some other estate for life or in tail, interposed between his freehold and such limitation to his heirs, this remainder to his heirs vests in the ancestor as a remainder, and shall not be in contingency or abeyance.

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