Commentaries on American Law, Τόμος 4W. Kent, 1854 |
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Σελίδα 10
... common law construed to be a fee - simple on condition that the grantee had the heirs prescribed . If the grantee died without such issue , the lands reverted to the grantor . But if he had the specified issue , the condition was ...
... common law construed to be a fee - simple on condition that the grantee had the heirs prescribed . If the grantee died without such issue , the lands reverted to the grantor . But if he had the specified issue , the condition was ...
Σελίδα 12
... common law is deemed to have been overthrown by the statute de donis establishing those perpe- tuities . Attempts were frequently made in parliament to get rid of them , but the bills introduced for that purpose ( and which Lord Coke ...
... common law is deemed to have been overthrown by the statute de donis establishing those perpe- tuities . Attempts were frequently made in parliament to get rid of them , but the bills introduced for that purpose ( and which Lord Coke ...
Σελίδα 13
... common law , after the condition was performed by the birth of issue . A common recovery removes all limi- tations upon an estate - tail , and an absolute , unfettered , * pure fee - simple , passes as the legal effect and opera- * 14 ...
... common law , after the condition was performed by the birth of issue . A common recovery removes all limi- tations upon an estate - tail , and an absolute , unfettered , * pure fee - simple , passes as the legal effect and opera- * 14 ...
Σελίδα 14
... common recovery . But the doctrine of estates tail , and the complex and multifarious learning connected with it , have become quite obsolete in most parts of the United States . In Virginia , estates tail were abolished as early as ...
... common recovery . But the doctrine of estates tail , and the complex and multifarious learning connected with it , have become quite obsolete in most parts of the United States . In Virginia , estates tail were abolished as early as ...
Σελίδα 15
James Kent. Conditional fees at common law , as known and defined prior to the statute de donis , have generally partaken of the fate of estates in fee tail , and have not been revived in this country . Executory limitations under the ...
James Kent. Conditional fees at common law , as known and defined prior to the statute de donis , have generally partaken of the fate of estates in fee tail , and have not been revived in this country . Executory limitations under the ...
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according action alienation allowed ancestor apply appointment assignment authority becomes blood brothers chancery civil claim Code common law condition consideration considered construction contingent contingent remainder contract convey conveyance court covenant created creditor death debt decision deed default descendants determination devise distinction doctrine dower effect English entitled entry equally equity execution executory existing father freehold future give given grant grantor heirs held husband ibid inheritance intention interest issue Jackson Johns joint judgment land lease limitation Litt living Lord Mass mortgage mortgagor nature New-York Revised Statutes notice Ohio operation opinion particular party pass person possession principle provision purchaser question real estate reason recorded reference remainder rents respect reversion rule says seised seisin sell settled sisters subsequent succession tenant term third tion trust unless valid vested void whole wife
Δημοφιλή αποσπάσματα
Σελίδα 396 - ... part of the personal estate ; and this law relative to descents and dower, shall remain in full force, until altered by the legislature of the district.
Σελίδα 495 - Every contract for the leasing for a longer period than one year, .or for the sale of any lands or any interest in lands, shall be void, unless the contract, or some note or memorandum thereof, expressing the consideration, be in writing, and be subscribed by the party by whom the lease or sale is to be made.
Σελίδα 281 - The absolute power of alienation shall not be suspended by any limitation or condition whatever, for a longer period than during the continuance of not more than two lives in being at the creation of the estate, except in the single case mentioned in the next section.
Σελίδα 500 - And until the governor and judges shall adopt laws as hereinafter mentioned estates in the said territory may be devised or bequeathed by wills in writing signed and sealed by him or her in whom the estate may be, being of full age, and attested by three witnesses, and real estates may be conveyed by lease and release or bargain and sale signed, sealed and delivered by the person being of full age in whom the estate may be and attested by two witnesses...
Σελίδα 226 - 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.
Σελίδα 424 - If there be no issue, nor husband, nor wife, nor father, then in equal shares to the brothers and sisters of the intestate, and to the children of any deceased brother or sister, by right of representation...
Σελίδα 18 - And yet Time hath his revolutions ; there must be a period and an end to all temporal things— -finis rerum, an end of names and dignities, and whatsoever is terrene, and why not of De Vere ? For where is Bohun ? Where is Mowbray ? Where is Mortimer ? Nay, which is more and most of all, where is Plantagenet ? They are entombed in the urns and sepulchres of mortality. And yet let the name and dignity of De Vere stand so long as it pleaseth God!
Σελίδα 407 - ... unless it shall be proved that he inherited the same, in which case the person from whom he inherited the same shall be considered to have been the purchaser unless it shall be proved that he inherited the same ; and in like manner the last person from whom the land shall be proved to have been inherited shall in every case be considered to have been the purchaser, unless it shall be proved that he inherited the same.
Σελίδα 324 - 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.
Σελίδα 281 - ... 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. For the purposes of this section, a minority is deemed a part of a life, and not an absolute term equal to the possible duration of such minority.