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" Where a contingency is limited to depend on an estate of freehold which is capable of supporting a remainder, it shall never be construed to be an executory devise, but a contingent remainder only and not otherwise. "
Reports of Cases Argued and Determined in the Court of King's Bench: 19th ... - Σελίδα 759
των Great Britain. Court of King's Bench, Sylvester Douglas Baron Glenbervie - 1813
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Term Reports in the Court of King's Bench, Τόμος 3

Great Britain. Court of King's Bench, Charles Durnford, Sir Edward Hyde East - 1817
...where a contingency is limited " to depend on an estate of freehold, which is capable of support' " ing a remainder, it shall never be construed to be an executory " devise, but a contingent remainder only, and not otherwise." Now that rule applies to, and must govern, the...

An Essay in a Course of Lectures on Abstracts of Title: To ..., Τόμος 2

Richard Preston - 1818
...that where a contingency is limited to depend on an estate of freehold which is capable of supporting a remainder, it shall never be construed to be an executory devise, but a contingent remainder only, and not otherwise. A consequence from this rule is, no gift by will...

A Digest of the Laws of England Respecting Real Property, Τόμος 6

William Cruise - 1818
...That where a contingency is limited to depend on an estate of freehold, which is capable of supporting a remainder, it shall never be construed to be an executory devise, but a contingent remainder. And therefore the Court determined that the devise to the heirs of the...

A treatise on springing uses, and other limitations by deed; according to ...

John Wilson - 1824
...in Goodlitle v. Billington (d), Lord Mansfield, in delivering the opinion of the court, said, it was perfectly clear and settled, that where an estate...construed to be an executory devise or springing use. And where the contingent estate may, in the nature of its original limitation, take effect during,...

A Digest of the Laws of England Respecting Real Property, Τόμος 6

William Cruise - 1824
...estate tail, ib. may be created without the word ' remainder,' ib. an estate which can take effect as, shall never be construed to be an executory devise or springing use, 280. now usually created by conveyances to uses, 304. joint tenancy of, 431. Vested remainder, or remainder...

The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

1829
...for, where a contingency is limited to depend on an estate of freehold which is capable of supporting a remainder, it shall never be construed to be an executory devise, but a contingent remainder only, and not otherwise." If here George Blair be held to take an estate...

Reports of Cases Argued and Determined in the Courts of Common ..., Τόμος 2

Great Britain. Court of Common Pleas, John Bayly Moore, Joseph Payne - 1830
..." Where a contingency is limited to depend on un estate of freehold, which is capable of supporting a remainder, it shall never be construed to be an executory devise, but a contingent remainder only, and not otherwise." If, therefore, George Blair be held to take an...

A Practical Treatise of Powers

Edward Burtenshaw Sugden - 1831 - 841 σελίδες
...other way. And in Goodtitle v. Billington, Lord Mansfield said, in delivering judgment, that it was perfectly clear and settled, that where an estate...as a remainder, it shall never be construed to be a springing use. Dougl. 758. So in Weale v. Lower, Lord CJ Hale took a difference between a contingent...

A Digest of the Laws of England Respecting Real Property, Τόμος 2

William Cruise - 1835
...unmarried. The heir of Elizabeth brought an ejectment against the devisee of Ann. Lord Mansfield. — " It is perfectly clear and settled, that where an estate...limitation is to two persons and the survivor, so that a pre238 GLH.xS-31. 473.474. Ff»tu*7X. 14.407. Cra.Ja.592. **t the estate denned to AMI, in case she...

An Essay on the Learning of Contingent Remainders and Executory Devises, Τόμος 1

Charles Fearne, Charles Butler - 1845
...rule was relied upon; in the latter of which, Lord Mansfield, in the voice of the court, said-it was perfectly clear and settled, that where an estate...effect as a remainder, it shall never be construed an executory devise or springing use. It was contended on behalf of the plaintiff, that the case was...




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