 | Law reports, digests, etc - 1886 - 856 pages
...or conveyance an estate is limited either mediately or immediately to his heirs, in fee or in tail, the word heirs, is a word of limitation of the estate and not a word of purchase, which as a well known and established rule of law controls and governs it, and... | |
 | Law reports, digests, etc - 1888 - 964 pages
...freehold, with a remainder in the same. instrument, either mediate or immediate, to his heirs or the heirs of his body, the word •heirs' is a word of limitation of the estate, and not of purchase." Under that rule, it is obvious that Mrs. Walke took an estate tail, and that, by force of the statute... | |
 | Law reports, digests, etc - 1904 - 1174 pages
...instrument contains a limitation, either mediate 138 KENNEDY v. COLCLOUGH. 139 of immediate to bis heirs, or heirs of his body, the word 'heirs' is a word of limitation, I. e.,' the ancestor takes the whole estate comprised iri this term. Thus, if the limitation be to... | |
 | Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1888 - 1024 pages
...remainder VOL. Lxxxm— 92 Opmion. in the same instrument, either mediate or immediate, to his heirs or the heirs of his body, the word 'heirs' is a word of limitation of the estate, and not of purchase." Under that rule, it is obvious that Mrs. Walke took an estate-tail, and that, by force of the statute... | |
 | District of Columbia. Supreme Court (1863-1936), Franklin Hubbell Mackey - Law reports, digests, etc - 1888 - 650 pages
...freehold by any gift or conveyance, and in the same gift or conveyance there is a limitation, either mediate or immediate, to his heirs, or heirs of his body, the word heivs is a word of limitation of the estate, and not of purchase." 1 Preston, Est., 264. To bring the... | |
 | Arkansas. Supreme Court - Law reports, digests, etc - 1920 - 676 pages
...in the same clause of the will an estate is limited, either mediately or immediately to his heirs, the word "heirs" is a word of limitation of the estate, and not a word of purchase. 3. WILLS — CONSTRUCTION — RULE IN SHELLEY'S CASE. — Where J. devised property... | |
 | Charles Fisk Beach (Jr.) - Wills - 1888 - 650 pages
...person, and the same instrument contains a limitation, either mediate or immediate, to his heirs, or tho heirs of his body, the word ' heirs' is a word of limitation, le, the ancestor takes the whole estate comprised in this term. Thus, if the limitation be to the heirs... | |
 | Pennsylvania. Supreme Court - Law reports, digests, etc - 1891 - 858 pages
...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 ; that is to say, the ancestor takes the whole of the estate. When the term used in limitation is '... | |
 | Louis Arthur Goodeve - Real property - 1891 - 606 pages
...the heirs of A.) or immediately (as to A. for life with remainder to his heirs) to his heirs, or the heirs of his body, the word " heirs " is a word of limitation and not of purchase ; and therefore the ancestor takes an estate in fee simple or in tail as the case... | |
 | Thomas Brett - English law - 1891 - 660 pages
...heirs Creation of estate tail. Words of limitation. Origin of estates tail. Tnltarum's Cnsc. 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. Thus, if the limitation be to the heirs... | |
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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... 
