A Succinct View of the Rule in Shelley's Case: Exhibiting, by Negative and Affirmative Propositions, the Instances in which Several Limitations, One to the Ancestor, the Other to the Heirs, -the Heirs of the Body, -or Issue of the Body of that Person, Do and Do Not Give the Inheritance to the Ancestor
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Page 1 - The rule simply is that where an estate of freehold is limited to a person, and the same instrument contains a limitation, either mediate or immediate, to his heirs, or the heirs of his body, the word 'heirs' is a word of limitation; ie, the ancestor takes the whole estate comprised in this term.
Page 17 - for and during the term of her natural life, " and from and after the determination of that " eftate, to the ufe of Truftees therein before " named, and their heirs, during the life of the faid " C. upon truft to fupport and preferve the contin...
Page 143 - And where a testator directed lands to be settled on his " nephew for life, remainder to the heirs male of his body, and the heirs male of the body of every...
Page 52 - Another foundation, he said, might be, and was probably laid in a principle diametrically opposite to the genius of feudal institutions ; namely, a desire to facilitate the alienation of land, and to throw it into the track of commerce, one generation sooner, by vesting the inheritance in the ancestor, than if he continued tenant for life, and the heir was declared a purchaser.
Page 111 - ... said B, and the heirs of the body of such first, second, third, and every other son and sons successively, lawfully issuing, as they should be in seniority of age and priority of birth, the eldest always, and the heirs of his body, to be preferred before the youngest, and the heirs of his body; and in default of such issue then, over,
Page xxiv - When a person takes an estate of freehold, legally or equitably, under a deed, will or other writing, and afterward, in the same deed, will or writing, there is a limitation, by way of remainder, with or without the interposition of any other estate, of an interest of the same quality, as legal or equitable, to his heirs generally or his heirs of his body by that name in deeds or writings of conveyance and by that or some such name in wills, and as a class or denomination of persons to take in succession...
Page 114 - GREW for and during the term of his natural " life; and from and after his deceafe, to the ufe...
Page 111 - To A. and the heirs of her body, lawfully begotten or to be begotten, as well females as males, and to their heirs and assigns forever; to be divided equally, share and share alike, as tenants in common.