Conditional and Future Interests and Illegal Conditions and Restraints in Illinois (Google eBook)

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Callaghan, 1920 - Executory interests - 453 pages
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Contents

concerning the existence and character of the conditions
50
Covenants to stand seized
53
Uses which the statute did not execute
55
Topic 4
61
x the Rule in Shelleys Case
70
Devise as a mode of alienation
76
Vested and indefeasible
80
The continuation of the rule of destructibility of contingent remain
86
The Rule in Shelleys Case applied to equitable interests in land
89
Application of the rule of destructibility where the future interest
100
ESTATES AND FUTURE INTERESTS IN PERSONAL PROPERTY
105
BOOK II
117
Wigmores three standards applicable to unilateral acts
119
Title IV
133
Indentification of the devisee
139
CHAPTER VIII
146
The language used must be able to bear the meaning placed upon
150
In conveyances infer vivos
156
Transfer to A simpliciter followed by a gift in case of his death
162
Limitations to A simpliciter with power in A to dispose of an absolute
167
Where there is a preceding life estate with gifts over on contingencies
175
Title V
183
Where the trusteeship is created by a conveyance inter vivos
195
Suppose personal property is limited with such expressions as if used
202
Title I
205
The distributive construction
213
CHAPTER XII
220
The interest of the dedicator upon a statutory dedication 284
225
What words are effective to create a right of entry for condition
227
Breach of condition created by act of the parties
236
In case of leaseholds
242
Title IV
249
Title VI
287
Title VII
293
operation of the statuteuses which the 8tatute did not execute
294
Rights of abutting owners upon vacation of a statutory dedication
297
application of these statutes in their narrower meaning to the case
311
How far valid in Illinois 302
317
CHAPTER XIII
320
Whether after the creation by devise of a freehold followed by contin
321
The rule of destructibilty appears not to be called into operation when
330
Extinguishment by release 320a
336
Alienable by descent 324
342
Propriety of calling remainders of this class vested 328
350
Where the limitations are by devise to A for life remainder to B
356
Remainder to A B and C or the survivor or survivors of them 343
363
Suppose the remainder be limited to the life tenants children
380
Whether a future interest is a vested remainder subject to a charge
386
Cases which it is claimed show the adoption in Illinois of the New York
392
Title VIII
402
Equitable execution upon contingent remainders by creditors bill 376
408
No distinction in the tracing of descent between reversions and vested
415
Where one enters under a conveyance by the life tenant purporting
418
Miscellaneous problems 392
434
Topic 4
440
When the holder of a future interest need not be made a party
443
Assuming that the statutory remainder is limited to children 407
451
Title II
457
Where the remainder is not to heirs but to children the Rule
461
There are three grounds for insisting that the Rule does not apply
469
What is meant by heirs as a word of purchase and as a word
476
Neither of the above two theories is supported by all the results of
482
Limitations to X for life then to A for life and in rase of A 3 death
535
Conveyances to take effect at the grantors death valid 463
536
Equitable springing and shifting interests valid 472
546
Title VI
554
Their validity 485
558
CHAPTER XX
571
In these cases the context justifies the prima facie inference that
576
Similar cases which hold or appear to hold the legacy contingent upon
583
Topic 4
589
Cases a where the income is not given during the entire period before
595
Inference in favor of vesting founded upon the presence of a gift over 519
601
Topic 9
607
Topic 12
614
Note on the period to which survivorship is referred in gifts to sur
621
Where property is vested in trustees who are directed to distribute
629
Barnes 550
637
When construed as meaning heirs of the body or children
638
Title II
644
Rule when the period of distribution is the death of the testator 564
649
The Rule as stated by Professor Gray is in force in Illinois
652
Title V
655
Title VI
661
Title VII
673
in the primary meaning to be placed upon children
686
Effect of the failure of a gift over upon the preceding interest 597
692
Title II
699
Title III
704
Appointment in fraud of powers 612
710
Topic 2
717
Cases where a real power is given to executors to sell to pay debts
723
Where there is no gift to trustees but only a real power there
729
Suppose there is merely a power to appoint to special objects and
730
Title VIII
737
Power in life tenants to sell or dispose of the fee 648
743
The future interest must vest in the proper time 653
749
The Illinois cases 659
755
RIGHTS OF ENTRY FOR CONDITION BROKEN
761
Equitable interests 663
762
Suppose legacies are bequeathed to several and the residue of the testa
769
Problem where the interest to the class is vested as distinguished from
776
Problem where the interest to the class is contingent upon their attain
782
Powers void in their creation because they may be exercised at
787
Title IX
797
Title XIII
803
Title I
817
IntroductoryTypical cases stated for consideration 717
822
Case 1Gifts over on intestacy 720
828
Case laGifts over on intestacy and failure of issue 724
834
Title III
840
taken by themselves and considered separately from any restraints
845
Topic 2
855
i
861
CHAPTER XXVIII
867
Where one enters under a conveyance purporting to transfer the life
875
Abolition of the rule of destructibility by legislation 106
882
Fee simple 216
896
Where the condition is precedent and illegal or impossible 750
902
powers surviving pursuant to statute
918
Reversions are indestructible by any rule of law defeating intent
925
Suppose A seized in tail or for life were directed to hold to the
943
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Common terms and phrases

Popular passages

Page 749 - 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.
Page 388 - Future estates are either vested or contingent: They are vested when there is a person in being who would have an immediate right to the possession of the lands, upon the ceasing of the intermediate or precedent estate.
Page 464 - ... to the only proper use, benefit, and behoof of the said party of the second part, his heirs and assigns forever.
Page 157 - Every estate in lands, which shall be granted, conveyed or devised to one, although other words heretofore necessary to transfer an estate of inheritance be not added, shall be deemed a fee simple estate of inheritance, if a less estate be not limited by express words, or do not appear to have been granted, conveyed, or devised by construction or operation of law.
Page 633 - ... or any other words which may import either a want or failure of issue of any person in his lifetime or at the time of his death, or an indefinite failure of his issue, shall be construed to mean a want or failure of issue in the lifetime or at the time of the death of such person, and not an indefinite failure of his issue, unless a contrary intention shall...
Page 180 - To have and to hold the said premises above bargained and described, with the appurtenances unto the said party of the second part his heirs and assigns forever.
Page 56 - For instance, suppose a feoffment had been made to A. and his heirs, to the use of B. and his heirs, to the use of C. and his heirs ; the doctrine was that the use to C.
Page 352 - If the conditional element is incorporated into the description of or [into] the gift to the remainder-man, 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...
Page 801 - The rule against perpetuities is not a rule of construction, but a peremptory command of law. It is not, like a rule of construction, a test, more or less artificial, to determine intention. Its object is to defeat intention. Therefore, every provision in a will or settlement is to be construed as if the rule did not exist, and then to the provision so construed the rule is to be remorselessly applied.
Page 93 - Suppose, for instance, a gift to A. for life, remainder to B. and his heirs, but if B. dies before the termination of the particular estate, then to C. and his heirs.

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