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according appears apply appointment assigns attain authority benefit body born Brown child claim clause clear common condition considered construction contingent contingent remainder conveyance conveyed court covenant created dated daughter death decease decision deed defendant determination devise died directed dispose divided effect entitled equally event executed executors exercise expressed fact fund future gave gift give given grant happen heirs held hold intention interest issue John judgment land lease leaving legacy limitation living Lord marriage Mary meaning named natural opinion paid particular parties payment person personal estate plaintiff possession present principle question real estate reason reference remainder rent residue respective reversion rule settlement share sons statute survivor tail taken tenant term testator's testatrix thereof Thomas tion took trust twenty-one vested void whole widow wife words
Page 164 - Witnesseth that the said party of the first part for and in consideration of the sum of Three Thousand Dollars, lawful money of the United States of America to him in hand paid by the said party of the second part...
Page 283 - It is a rule of law, that 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 204 - Every future estate shall be void in its creation, which shall suspend the absolute power of alienation for a longer period than is prescribed in this Article. Such power of alienation is suspended, when there are no persons in being, by whom an absolute fee in possession can be conveyed.
Page 443 - Osborne, their heirs and assigns, upon trust that they, or the survivor of them, or the heirs, executors or administrators of such survivor...
Page 204 - 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 841 - ... the construction of a will is to ascertain the intention of the testator as expressed in the...
Page 589 - The common-law period of the Rule Against Perpetuities" and its conception of vesting were adopted by California in 195162 as Civil Code section 715.2: No interest in real or personal property shall be good unless it must vest, if at all, not later than 21 years after some life in being at the creation of the interest and any period of gestation involved in the situation to which the limitation applies.
Page 489 - ... the rule against perpetuities. "The rule against perpetuities is thus stated : 'No interest subject to a condition precedent is good unless the condition must be fulfilled, if at all, within twenty-one years after some life in being at the creation of the interest.