Estates, Future Interests, and Illegal Conditions and Restraints in Illinois: With an Historical Introduction and an Exposition of the Principles of Interpretation of Writings, More Especially Wills
Callaghan, 1920 - Estates (Law) - 948 pages
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A's death absolute interest actual adopted applied appointment attornment cestui child clause common law condition precedent construed contingent remainder convey conveyance court of equity created deceased deed descent died divested estate of freehold estate tail executory devise fact favor fee simple fee tail feoffee feoffment forfeiture gift grantee grantor heirs at law held holding Illinois 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 remainder in fee remainderman restraint on alienation reversion Rule against Perpetuities Rule in Shelley's rule of destructibility seisin semble settlor shifting future interests spendthrift trust springing and shifting statute statutory Suppose supra Supreme Court surviving survivor take effect taker tenant termination testator's death tion trust ultimate gift valid vested remainder wife words of limitation
Page 388 - 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 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 126 - 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 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 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 221 - 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 346 - 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 37 - 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.