A Concise Treatise on the Law of Copyhold Property: With Reference to the Various Alterations Effected by the Act for the Amendment of the Laws with Respect to Wills ... (Google eBook)

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Saunders and Benning, 1827 - Copyhold - 199 pages
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Page 178 - The general rule is, that a person cannot accept and reject the same "instrument; and this is the foundation of the law of election...
Page 155 - And if a husband settle an estate to the use of himself for life, remainder to the use of A.
Page 25 - ... in all cases where a condition of a bond, recognizance, 8cc. is possible at the time of the making of the condition, and before the same can be performed, the condition becomes impossible by the act of God, or of the law, or of the obligee, &.<;. there the obligation, &C. is saved.
Page 301 - Court, that, where a Parent gives a Legacy to a Child, not stating the purpose with reference to which he gives it, the Court understands him as giving a Portion ; and, by a sort of artificial Rule...
Page 177 - ... property as to which another person has a right to defeat his disposition, giving to that person an interest by his will ; that person shall not be permitted to defeat the disposition where it is in his power, and yet take under the will : the reason is the implied condition that he shall not take both ; and the consequence follows, that there must be an election : for though the mistake of the testator cannot affect the property of another person, yet that person shall not take the testator's...
Page 217 - RG, were parties, and by a recovery suffered in pursuance thereof, the estates were limited to the use of the husband for life, remainder to the wife...
Page 88 - ... covenanted to stand seised, to the use of himself for life, remainder to the use of his wife for life, remainder to the use of his daughter for life, remainder to her first and other sons in tail, reversion to his own right heirs.
Page 230 - ... particular intention denoted by the instrument different from that general intention the presumption of which is the foundation of the doctrine of election. Several cases have been, and several more may be, in which a man by his will shall give a child or other person a legacy or portion in lieu or satisfaction of particular things expressed, which shall not exclude him from another benefit. though it may happen to be contrary to the will, for the court will not construe it as meant in lieu of...
Page 284 - In our courts we have engrafted upon this primary doctrine of election, the equity as it may be termed of compensation. Suppose a testator gives his estate to A. and directs that the estate of A., or any part of it, should be given to B. If the devisee will not comply with the provision of the will, the Courts of Equity hold that another condition is to be implied, as arising out of the will, and the conduct of the devisee ; that inasmuch as the testator meant that his...
Page 158 - a competent " livelihood of freehold for the wife, of lands and tenements; " to take effect, in profit or possession, presently after the " death of the husband ; for the life of the wife at least.

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