A Treatise on the Rules Against Perpetuities, Restraints on Alienation and Restraints on Enjoyment as Applicable to Gifts of Property in Pennsylvania: With a Particular Discussion of Spendthrift Trusts, Married Women's Trusts, Accumulations and Gifts to CharitiesBisel, 1909 - 548 σελίδες |
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Σελίδα 17
... devise lies in the circumstance that it can take effect after an abso- lute fee simple , there seems to be some confusion in thought in saying that the effect of the executory devise is to reduce the quantum of the fee . An executory devise ...
... devise lies in the circumstance that it can take effect after an abso- lute fee simple , there seems to be some confusion in thought in saying that the effect of the executory devise is to reduce the quantum of the fee . An executory devise ...
Σελίδα 18
... devise by a testator to his wife " and her heirs and assigns forever so long as she remains my widow , " creates a deter- minable fee , erroneously called a condi- tional estate : Scott v . Murray , 218 Pa . 186 ( 1907 ) : case arose on ...
... devise by a testator to his wife " and her heirs and assigns forever so long as she remains my widow , " creates a deter- minable fee , erroneously called a condi- tional estate : Scott v . Murray , 218 Pa . 186 ( 1907 ) : case arose on ...
Σελίδα 22
... DEVISE Origin and definition ... § 78 Attributes of an executory devise .... § 79 Distinction between a contingent remainder and an executory devise .. § 80 INTERESTS ARISING BY OPERATION OF LAW AND BY CONTRACT Escheat , dower and ...
... DEVISE Origin and definition ... § 78 Attributes of an executory devise .... § 79 Distinction between a contingent remainder and an executory devise .. § 80 INTERESTS ARISING BY OPERATION OF LAW AND BY CONTRACT Escheat , dower and ...
Σελίδα 27
... devise to A. for life , then to B. for life , then to C. in fee . In this case the life estate of B. is vested , although since he may die before the death of A. it may never take effect in possession . ( 3 ) The suggestion that " it is ...
... devise to A. for life , then to B. for life , then to C. in fee . In this case the life estate of B. is vested , although since he may die before the death of A. it may never take effect in possession . ( 3 ) The suggestion that " it is ...
Σελίδα 29
... devise to A. for life , and if he leaves lawful issue , to such issue , and if he dies without issue or they die under 21 without lawful issue , then to B. and his heirs and assigns , on condition that he pay three hundred pounds to a ...
... devise to A. for life , and if he leaves lawful issue , to such issue , and if he dies without issue or they die under 21 without lawful issue , then to B. and his heirs and assigns , on condition that he pay three hundred pounds to a ...
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Άλλες εκδόσεις - Προβολή όλων
A Treatise On the Rules Against Perpetuities, Restraints On Alienation and ... Roland Roberts Foulke Δεν υπάρχει διαθέσιμη προεπισκόπηση - 2023 |
A Treatise on the Rules Against Perpetuities, Restraints on Alienation and ... Roland Roberts Foulke Δεν υπάρχει διαθέσιμη προεπισκόπηση - 2017 |
Συχνά εμφανιζόμενοι όροι και φράσεις
absolute interest Act of April ante Appeal apply cestui que trust Chap charitable objects clause against involuntary clause of forfeiture common law contingent remainders conveyance created creditors cy pres cy pres doctrine daughter death debts decision deed dicta dictum direction to accumulate discretion distinction donor entitled equitable estate equitable interest estate tail executor executory devise exercise fee simple fund future interest Gray husband indefinite invalid involuntary alienation learned judge legal interest legal title married opinion Pennsylvania Pennsylvania law Penrose period prescribed personal property Phila power of appointment Preliminary Discussion principle provisions question real estate reason remote period residuary residue Restraints on Alien restraints on enjoyment resulting trust rule against perpetuities rule forbidding restraints Rule Perp seems settlor share sole and separate spendthrift trust statute Supreme Court take effect tenant terminate testator's tion twenty-one valid vested gift vested remainder violate the rule void voluntary
Δημοφιλή αποσπάσματα
Σελίδα 449 - ... no estate, real or personal, shall hereafter be bequeathed, devised, or conveyed to any body politic, or to any person, in trust for religious or charitable uses, except the same be done by deed or will, attested by two credible, and, at the time, disinterested witnesses, at least one calendar month before the decease of the testator or alienor...
Σελίδα 378 - ... or during the minority or respective minorities only of any person or persons who, under the uses or trusts of the deed, surrender, will or other assurances directing such accumulations would for the time being, if of full age, be entitled unto the rents, issues and profits, or the interest, dividends or annual produce so directed to be accumulated...
Σελίδα 188 - The absolute power of alienation shall not be suspended, by any limitation or condition whatever, for a longer period than during the continuance of a life or lives in being at the creation of the estate, and twenty-one years and ten months thereafter.
Σελίδα 43 - If the conditional element is incorporated into the description of or into the gift to the remainderman then the remainder is contingent, but if, after words giving a vested interest, a clause is added divesting it the remainder is vested. Thus, on a devise to A for life, remainder to his children, but if any child dies in the lifetime of A his share to go to those who survive, the share of each child is vested, subject to be divested by its death; but on a devise to A for life, remainder to such...
Σελίδα 39 - A remainder is vested in A., when throughout its continuance, A., or A. and his heirs, have the right to the immediate possession, whenever and however the preceding freehold estates may determine.
Σελίδα 379 - ... profits and produce of such property so directed to be accumulated, shall, so long as the same shall be directed to be accumulated contrary to the provisions of this act, go to and be received by such person or persons as would have been entitled thereto if such accumulation had not been directed...
Σελίδα 188 - No interest is good unless it must vest, if at all, not later than twenty-one years after some life in being at the creation of the interest.
Σελίδα 378 - That no person or persons shall, after the passing of this act, by any deed or deeds, surrender or surrenders, will, codicil or otherwise howsoever, settle or dispose of any real or personal property, so and in such manner that the rents, issues, profits or produce thereof shall be wholly or partiall...
Σελίδα 433 - A charity, in the legal sense, may be more fully defined as a gift, to be applied consistently with existing laws, for the benefit of an indefinite number of persons, either by bringing their minds or hearts under the Influence of education or religion, by relieving their bodies from disease, suffering or constraint, by assisting them to establish themselves In life, or by erecting or maintaining public buildings or works, or otherwise lessening the burdens of government. It Is immaterial whether...
Σελίδα 452 - A more specific application in the subject of trusts is the equitable doctrine that equity will not allow a trust to fail for want of a...