Estates, Future Interests, and Illegal Conditions and Restraints in Illinois

Front Cover
Callaghan, 1920 - Estates (Law) - 948 pages
 

What people are saying - Write a review

We haven't found any reviews in the usual places.

Contents

Grant and attornmentreleases
47
CHAPTER II
47
before 1872
47
TOPIC 1
50
TOPIC 2
54
Uses which the statute did not exécute
55
TOPIC 4
61
Alienability of future interests created by way of
71
THE LATER HISTORY OF REVERSIONS REMAINDERS AND
80
Application of the rule of destructibility in the modern cases
87
Application of the rule of destructibility where the future interest
100
ESTATES AND FUTURE INTERESTS IN PERSONAL PROPERTY
105
In determining when a freehold interest took effect in possession resort
111
BOOK II
117
Wigmores three standards applicable to unilateral acts
119
TITLE IV
133
Indentification of the devisee
139
CHAPTER VIII
146
The language used must be able to bear the meaning placed upon
150
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
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
Disposition of Intermediate Income 10 Michigan
208
The distributive construction
212
CHAPTER XII
220
ESTATES IN POSSESSIONFREEHOLD LESS THAN FREEHOLD AND JOINT
225
of the Act of 1865 afterwards appearing as sec 9
237
TITLE IV
249
Freehold estates
250
229
260
TITLE V
261
where the entry is peaceable
267
The interest of the dedicator upon a statutory dedication
284
what sort is it
294
CHAPTER XIV
316
Whether after the creation by devise of a freehold followed by contin
321
TOPIC 1
327
Does the rule of destructibility apply to the statutory remainder created
330
Extinguishment by release 320a
336
Alienable by descent 324
342
TITLE V
348
CLASSIFICATION OF FUTURE INTERESTS REVERSIONS
351
Limitations to A for life rentainder to B after the death of A 330
354
Where the limitations are by devise to A for life remainder to B
356
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
Where one enters under a conveyance by the life tenant purporting
418
Application of the Rule in Shelleys Case Where Heirs
421
where the disseisor of the life tenant enters under a void guardians
429
TOPIC 3
437
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
Where the remainder is not to heirs but to children the Rule
461
There are three grounds for insisting that the Rule does not apply
469
What is meant by heirs as a word of purchase and as a word
476
Neither of the above two theories is supported by all the results of
482
TOPIC 1
489
TITLE III
505
Contentions 446
513
The special issue 454
524
The cases where there is a gift over if the legatee dies before
526
The tendency to hold shifting future interests by deed invalid is
530
WHERE THERE IS A DIRECT GIFT WITH A SUPERADDED DIRECTION TO PAY
576
Similar cases which hold or appear to hold the legacy contingent upon
583
TOPIC 4
589
TOPIC 5
596
Topic 12
599
TOPIC 8
605
BALANCING INFERENCES FOR AND AGAINST VESTING
614
Note on the period to which survivorship is referred in gifts to gur
621
Where property is vested in trustees who are directed to distribute
629
Barnes 550
637
MEANING OF HEIRS IN A GIFT OVER IF THE FIRST TAKER DIES WITHOUT
638
TITLE II
644
Rule when the period of distribution is the death of the testator 564
649
where the gift is after a life estate to such children of A as reach
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
TITLE II
707
Extinguishment of powers RT1 611
708
EXERCISE OF THE POWER WHICH DID NOT SURVIVE SUPPLIED BY HOLDING
717
Cases where the beneficial interest is in A and where B and C have
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
What is meant by vest 654
750
Trusts for the perpetual care of a cemetery lot 660
758
TITLE IV
765
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
TITLE IX
797
TITLE XIII
803
TOPIC 1
804
TOPIC 2
815
IntroductoryTypical cases stated for consideration 11
822
Case 1Gifts over on intestacy 720
828
Case laGifts over on intestacy and failure of issue 724
834
TITLE III
840
TAKEN BY THEMSELVES AND CONSIDERED SEPARATELY FROM ANY RESTRAINTS
845
the reason of repugancy unsound 735
851
TITLE VI
861
CHAPTER XXVIII
867
Where one enters under a conveyance purporting to transfer the life
875
TRUSTS
881
Abolition of the rule of destructibility by legislation 106
882
fee simple
889
ESTATE WHICH A TRUSTEE TAKES
893
defence of leave and license
898
Where the condition is precedent and illegal or impossible 750
902
SUBJECT MATTER OF INTERPRETATION
903
277
907
gagee has no right to possession
912
to the term the property is devised to A absolutely 667
914
violate the Rule against Perpetuities 704
915
POWERS SURVIVING PURSUANT TO STATUTE
918
TITLE VI
920
Introductory
923
By an extension of the Rule of Claflin v Claflin which permits the crea
924
Reversions are indestructible by any rule of law defeating intent
925
implied condition that a tenant shall not repudiate the tenancy
927
RELIEF AGAINST FORFEITURE
928
The Rule in force in Illinois stated 412
930
The Rule applies where the limitations are equitable 429
931
Testamentary trusts 184
941
Origin and reappearance of trusts of land
942
Limitations to A for life remainder to B if he survive A if he does
945

Other editions - View all

Common terms and phrases

Popular passages

Page 386 - 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 462 - ... to the only proper use, benefit, and behoof of the said party of the second part, his heirs and assigns forever.
Page 745 - 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 124 - 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 155 - 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 178 - 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 54 - 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 219 - 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 344 - 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 45 - 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.

Bibliographic information