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Conditional and Future Interests and Illegal Conditions and Restraints in ...
Albert Martin Kales
No preview available - 2012
A's death absolute interest adopted adverse possession applied appointment attornment cestui child clause common law condition precedent construed contingent remainder convey conveyance court of equity created deed descent died divested effect in possession estate of freehold estate tail executed executory devise fact favor fee simple fee tail feoffment forfeiture gift grantor heirs at law held holding Illinois indestructible inference inter vivos intestacy Kales lease legacy legal title legatee mainder meaning period of distribution personal property personalty precedent in form preceding estate Prop question reached twenty-one real estate remainderman restraint on alienation result reversion Rule against Perpetuities Rule in Shelley's rule of destructibility seisin semble settlor shifting future interests spendthrift trust springing and shifting stand seized statute statutory supra Supreme Court surviving take effect taker tenant termination testator's death tion trust ultimate gift valid vested remainder wife words of limitation
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 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.