A Selection of Leading Cases on Real Property, Conveyancing, and the Construction of Wills and Deeds: With Notes (Google eBook)

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Butterworths, 1856 - Real property - 887 pages
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Page 475 - * * * it is a rule in law, when the ancestor by any gift or conveyance takes an estate of freehold, and in the same gift or conveyance an estate is limited either mediately or immediately to his heirs in fee or in tail; that always in such cases, 'the heirs' are words of limitation of the estate, and not words of purchase.
Page 745 - Bequest shall not lapse, but shall take effect as if the Death of such Person had happened immediately after the Death of the Testator, unless a contrary Intention shall appear by the Will.
Page 531 - ... 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 appear by the will, by reason of such person having a prior estate tail...
Page 394 - ... 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...
Page 446 - Durham, his executors, &c., upon trust to pay her debts and legacies, &c. ; and to dispose of the ultimate residue to such objects of benevolence and liberality as the Bishop of Durham in his own discretion shall most approve of ; and she appointed the Bishop her sole executor.
Page 115 - ... or during which any action or suit shall have been pending, and which shall have been diligently prosecuted until abated by the death of any party or parties thereto, shall be excluded in the computation of the periods hereinbefore mentioned...
Page 778 - Surrey and the heirs male of his body and for default of such issue to the heirs of his body...
Page 340 - Geo. 4, c. 45 ; and to extend the substitute for fines and recoveries to the case where money is directed to be laid out in the purchase of lands to be settled, so that any person, if the land were purchased, would have an estate tail therein.
Page 231 - ... be from henceforth clearly deemed and adjudged to be in him or them that have, or hereafter shall have, such use, confidence or trust, after such quality, manner...
Page 115 - ... hath been or shall be held under or by virtue of any term of life, or any term of years exceeding three years from the granting thereof, the time of the enjoyment of any such way or other matter, as herein last before mentioned, during the continuance of such term, shall be excluded in the computation of the said period of forty years, in case the claim shall within three years next after the end or sooner determination of such term be resisted by any person entitled to any reversion expectant...

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