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Conditional and Future Interests and Illegal Conditions and Restraints in ...
Albert Martin Kales
No preview available - 2012
Conditional and Future Interests: And Illegal Conditions and Restraints; In ...
Albert Martin Kales
No preview available - 2015
alienation applied attornment Belleville Savings child clause common law condition precedent contingent future interests contingent remainder conveyance created dispose English entry and detainer equitable estate tail executory devise executory interest expressed intent failure of issue fee simple fee tail feoffment feudal forcible entry forfeiture gift grandchildren grantee grantor Gray's Cas Gray's Restraints Gray's Rule ground held holding Illinois indefinite failure interests by deed intestacy land law lease leaving issue limited livery of seizin mainder operation particular estate Prop question quit claim deed reaches twenty-five real estate Real Property reason remainder in fee remote restraint on alienation result Rule against Perpetuities rule in Shelley's seems semble settlor shifting future interests shifting interests springing and shifting springing interest statute statutory supra supreme court take effect taker tenant terest termination testator's death tingent tion transfer trustees valid vested remainder void wife
Page 174 - The lineal descendants, in infinitum, of any person deceased shall represent their ancestor ; that is, shall stand in the same place as the person himself would have done had he been living.
Page 355 - In other words, a perpetuity is a future limitation whether executory or by way of remainder and of either real or personal property, which is not to vest until after the expiration of, or will not necessarily vest within, the period fixed and prescribed by law for the creation of future estates and interests; and which is not destructible by the persons for the time being entitled to the property subject to the future limitation, except with the concurrence of the individual interested under that...
Page 174 - ... the remainder shall pass in fee simple absolute to the person or persons to whom the estate tail would, on the death of the first grantee, devisee, or donee in tail, first pass according to the course of the common law by virtue of such devise, gift, grant, or conveyance.
Page 139 - If the conditional element is Incorporated into the description of or into the gift to the remainderman, then the remainder is contingent; but if, after words giving a vested Interest, a clause is added divesting it, the remainder is vested.
Page 108 - That a contingent remainder, existing at any time after the 31st day of December, 1844, shall be, and, if created before the passing of this act, shall be deemed to have been, capable of taking effect, notwithstanding the determination, by forfeiture, surrender, or merger, of any preceding estate of freehold in the same manner, in all respects, as if such determination had not happened.
Page 395 - ... in action due to him, or held in trust for him, and to prevent the transfer of any such property, money or...
Page 294 - ... 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 177 - The real and personal estate of a decedent, whether male or female, remaining after payment of all just debts and legal charges, which shall not have been sold, or disposed of by will, or otherwise limited by marriage settlement, shall be divided and enjoyed as follows; namely, — widow and is.ua.
Page 355 - 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.
Page 357 - A perpetuity is defined to be a limitation taking the subject thereof out of commerce for a longer period of time than a life or lives in being and twenty-one years thereafter, and in the case of a posthumous child, a few months more, allowing for the period of gestation.