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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: By the ... - Σελίδα 759
των Great Britain. Court of King's Bench - 1813
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New England Reporter: All Cases Determined in the Courts of Last ..., Τόμος 5

1887 - 1016 σελίδες
...an estate tail in the first devisee, with contingent remainder over to the second; and that whenever an estate can take effect as a remainder, it shall never be construed to vest the estate by way of executory devise." The language of the devise in Morgan v. Morgan, supra,...

Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Τόμος 17

District of Columbia. Supreme Court (1863-1936), Franklin Hubbell Mackey - 1888 - 650 σελίδες
..."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." Fearne, Cont, Rem., 394 ; Poor vs. Considine,...

The Revised Reports: Being a Republication of Such Cases in the ..., Τόμος 17

Frederick Pollock, Robert Campbell, Oliver Augustus Saunders, Arthur Beresford Cane, Edward Potton, Joseph Gerald Pease, William Bowstead - 1894 - 736 σελίδες
...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 many authorities were quoted h to shew that this was an estate...

Probate Reports Annotated: Containing Recent Cases of General Value ..., Τόμος 1

Frank Sumner Rice, William Lawrence Clark - 1897 - 806 σελίδες
...Where a contingency is limited to depend upon an estate in freehold, which is cap-ihlu of supporting a remainder, it shall never be construed to be an executory devise, but a contingent remainder only. (Fearne on Remainders, 8, 10; Butler's note-", see Poor v. Consfidiue,...

Reports of Decisions Rendered by the Supreme Court of the Hawaiian ..., Τόμος 12

Hawaii. Supreme Court - 1900 - 496 σελίδες
...where a contingency is limited to de-pend on an estate of freehold, which is capable of supporting a remainder, it shall never be construed to be an executory devise. This rule, however, has never been construed either in England or in this country to include cases...

Virginia Reports: Jefferson--33 Grattan, 1730-1880

1901 - 1122 σελίδες
..."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 to the fact that an executory devise establishes a perpetuity,...

Virginia Reports: Jefferson--33 Grattan, 1730-1880

1903 - 1130 σελίδες
...departed from, that "when a contingency is limited upon an estate of freehold, capable of supporting a remainder, it shall never be construed to be an executory devise, but a contingent remainder only." Such are the words in which the rule is laid down, in reference to...

A Treatise on Special Subjects of the Law of Real Property: Containing an ...

Alfred Gandy Reeves - 1904 - 998 σελίδες
...Where a contingency is limited to depend upon 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." 1 (a) The New York revisers carried out their...

Conditional and Future Interests and Illegal Conditions and Restraints in ...

Albert Martin Kales - 1920 - 1058 σελίδες
...' 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." Lord Northington in Carwardine v. Carwardine16...

Lawyers' Reports Annotated, Βιβλίο 7

1907 - 1282 σελίδες
...on Contingent Remainders, vol. 1, 393-395: "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. . . . And Lord Kenvon, chief justice, in delivering the opinion...




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