Estates, future interests, and illegal conditions and restraints in Illinois: with an historical introduction and an exposition of the principles of interpretation of writings, more especially wills (Google eBook)

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Callaghan, 1920 - Estates (Law) - 948 pages
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Contents

Title I
43
Title III
47
concirning the existence and character of the conditions
50
Covenants to stand seized
53
Uses which the statute did not execute
55
Estates of freehold and less than freehold in possession
62
Alienability of future interests created by way of use
71
Vested and indefeasible
80
Title II
82
The continuation of the rule of destructibility of contingent remain
86
Application of the rule of destructibility where the future interest
100
No doctrine of destructibility
108
TRUSTS
109
Inaccurate and unsatisfactory statements of the Rule
114
Wigmores three standards applicable to unilateral acts
119
Introductory
122
Title IV
133
Indentification of the devisee
139
CHAPTER VIII
146
MEANING Or HIIBs IN A GIFT OVER IF THE FIRST TAKER DIES WITHOUT
149
The language used must be able to bear the meaning placed upon
150
Title I
155
Where the transfer was by devise
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
Defined
205
The distributive construction
213
CHAPTER XII
220
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
The interest of the dedicator upon a statutory dedication
284
Title VI
287
Title VII
293
Rights of abutting ownere upon vacation of a statutory dedication
297
where these is a dibect gift with a superadded direction to pay
302
POSSIBILITIES OF REVERTER
316
Whether after the creation by devise of a freehold followed by contin
321
This rule in force in Illinois 310
327
Topic 2
335
Alienable by descent 324
342
Propriety of calling remainders of this class vested 328
350
CLASSIFICATION OF FUTURE INTERESTS REVERSIONS
351
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
Fee simple 216
421
Miscellaneous problems 392
434
Topic 4
440
Right of holder of future interest to prevent waste by the one in pos
442
Assuming that the statutory remainder is limited to children 407
451
Title II
457
Contentions 446
513
The special issue 454
524
The tendency to hold shifting future interests by deed invalid is
530
Limitations to X for life then to A for life and in case of As death
535
Conveyances to take effect at the grantors death valid 463
536
Title III
546
Title VI
554
Nature of the future interest 487
560
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
Topic 12
599
Inference in favor of vesting founded upon the presence of a gift over 519
601
Thirkell 484
603
EFFECT OF THE GIFT OR LEGACY BEING TO A CLASS
607
Cases illustrating the manner in which the foregoing considerations
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
VALIDITY OF GIFTS TO A CLASS
644
Bule 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
CHAPTER XXIII
690
CHAPTER XXIV
697
Suppose the first gift to A and B is absolute instead of being for their
702
Extinguishment of powers 611
708
Survival in case one of several executors fails to qualify 620
715
Cases where a real power is given to executors to sell to pay debts
723
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
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
Where a charitable bequest is to a corporation or association not
798
Grays statement in his Rule against Perpetuities 709
815
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 bt themselves and cons1dered separately prom ant restraints
845
Topic 2
855
Title VI
861
CHAPTER XXVIII
867
Where one enters under a conveyance purporting to transfer the life
875
Terms for years 218
881
Where the condition is precedent and illegal or impossible 750
902
Survival in case of the death of one of several executors 618
918
Reversions are indestructible by any rule of law defeating intent
925
EIGHT Or ENTRY FOR CONDITION BROKEN DISTINGUISHED FROM A POSSI
929
The Rule in force in Illinois stated 412
930
Origin and reappearance of trusts of land 87
942

Common terms and phrases

Popular passages

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. They are contingent whilst the person to whom, or the event upon which they are limited to take effect remains uncertain.
Page 464 - ... to the only proper use, benefit, and behoof of the said party of the second part, his heirs and assigns forever.
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 126 - Where there is nothing in the context of a will from which it is apparent that a testator has used the words in which he has expressed himself in any other than their strict and primary sense...
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 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 221 - Court 5 and actually held in at least one case 6 that it is not necessary to use the exact words of the statute in order to create a joint tenancy. It is only necessary that some words be used which show a clear intent to create such interests.
Page 346 - Illinois provide that every person, aged twenty-one years, if a male, or eighteen years, if a female, or upwards, and not married, being of sound mind and memory, shall have power to devise all the estate, right, title and interest, in possession, reversion or remainder, which he or she hath, or at the time of his or her death shall have, of, in and to any lands, tenements, hereditaments, annuities or rents, charged upon or issuing out of them ; or goods and chattels or personal estate, of every...
Page 37 - VII. The seventh and last rule or canon is, that in collateral inheritances the male stocks shall be preferred to the female (that is, kindred derived from the blood of the male ancestors, however remote, shall be admitted before those from the blood of the female however near),- unless where the lands have, in fact, descended from a female.

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