An Essay on the Doctrine of Remainders: And, as Collateral and Subordinate Topics, of Executory Limitations

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W. Benning, 1827 - Remainders (Estates) - 259 pages
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Page 248 - The present capacity of taking effect in possession, if the possession were to become vacant, and not the certainty that the possession will become vacant before the estate limited in remainder determines, universally distinguishes a vested remainder from one that is contingent.
Page 158 - But if the term of years is so short, as to leave a common possibility, that the life on which it is determinable may exceed it, the remainder will be deemed contingent, And therefore, if an estate is limited to A. for twenty-one years, if he shall so long live, and after his death to B.
Page 186 - Thus, if the land be limited to the use of A. for life, remainder to the use of the oldest son of B.
Page 205 - ... their appurtenances, to all intents constructions and purposes in the law, of and in such like estates as they had or shall have in use, trust or confidence, of or in the same...
Page 159 - Secondly, where some uncertain event, unconnected with, and collateral to the determination of the preceding estate, is, by the nature of the limitation, to precede the remainder; as if a lease be made to A. for life, remainder to B. for life, and if B. die before A. remainder to C. for life, here the event of B.'s dying before A.
Page 220 - TaH is of Age, join in destroying the Remainders, they are liable for a Breach of Trust; and so is every Purchaser under them with Notice : but, when we come to the Situation of Trustees to preserve Remainders, who have joined in a Recovery, after the first Tenant in Tail is of Age, it is difficult to say more than that no Judge in Equity has gone the Length of holding, that he would punish them as for a Breach of Trust, even in a Case, where they would not have been directed to join. The Result...
Page 177 - I cannot but think it a more arduous undertaking, to account for the operation of a feoffment or conveyance, in annihilating an estate of inheritance, or transferring it to the clouds, and afterwards regenerating or recalling it at the beck of some contingent event, than to reconcile to the principles as well of common law as of common sense, a suspension of the complete, absolute operation of such feoffment or conveyance, in regard to the inheritance, till the intended channel for the reception...
Page 155 - Where the condition, upon which the remainder is limited, is certain in event, but the determination of the particular estate may happen before it. Fourthly, Where the person, to whom the remainder is limited, is not yet ascertained, or not yet in being.
Page 63 - ... the first of all the estates of freehold : for example, when A. is tenant for life, remainder to B. for life in tail, or in fee, B. has an estate of freehold, but A. has the...
Page 166 - Nevertheless, if a term be limited to one for life, with twenty several remainders for lives to other persons successively, who are all alive and in being, so that all the candles are lighted together, this is good enough, though it be a possibility upon a possibility, as was ruled — 13 Car.

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