Commentaries on American Law, Volumen4W. Kent, 1848 |
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Página 19
... destroy the excitement to action in the issue in tail , and to leave an accumulated mass of property in the hands of the idle and the vicious . Dr. Smith insisted , from ac- tual observation , that entailments were unfavourable to ...
... destroy the excitement to action in the issue in tail , and to leave an accumulated mass of property in the hands of the idle and the vicious . Dr. Smith insisted , from ac- tual observation , that entailments were unfavourable to ...
Página 33
... destroyed . On the other hand , a limitation merely shifts the estate from one person to another , and leaves the prior seisin undisturbed . The limitation over takes effect , and the estate next in expectancy vests without entry , and ...
... destroyed . On the other hand , a limitation merely shifts the estate from one person to another , and leaves the prior seisin undisturbed . The limitation over takes effect , and the estate next in expectancy vests without entry , and ...
Página 34
... destroy curtesy , depends on circumstances , and there is some variety in the laws of the several states . If the cause of the divorce be for causes arising before marriage , the right to curtesy , as well as to other rights growing out ...
... destroy curtesy , depends on circumstances , and there is some variety in the laws of the several states . If the cause of the divorce be for causes arising before marriage , the right to curtesy , as well as to other rights growing out ...
Página 37
... destroyed by the severance ; for the husband was never sole seised . " It is sufficient to give a title to dower , that the husband had a seisin in law , without being actually seised ; and the reason given for the distinction on this ...
... destroyed by the severance ; for the husband was never sole seised . " It is sufficient to give a title to dower , that the husband had a seisin in law , without being actually seised ; and the reason given for the distinction on this ...
Página 51
James Kent. Rather than have the simplicity and certainty of our jurisprudence destroyed by such mysteries , it would be wiser to make dower depend entirely upon the hus- band's seisin in his own right , and to his own use , of an estate ...
James Kent. Rather than have the simplicity and certainty of our jurisprudence destroyed by such mysteries , it would be wiser to make dower depend entirely upon the hus- band's seisin in his own right , and to his own use , of an estate ...
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Términos y frases comunes
alienation ancestor assignment chancery chattels Code common law condition contingent remainder convey conveyance court of chancery court of equity covenant created creditor curtesy death debt declared decree deed default descendants doctrine dower English law entitled entry equity of redemption estate tail estoppel execution executory devise Fearne feoffees feoffment feudal foreclosure forfeiture freehold grant grantor heirs held husband ibid intention interest issue Jackson Johns jointure judgment land lease lessee lien limitation Litt Lord Coke Lord Eldon Lord Hardwicke Massachusetts mortgage mortgagor N. H. Rep New-Jersey New-York Revised Statutes North Carolina notice Ohio Rep operation Paige particular estate party personal estate possession Preston principle provision purchaser real estate rule rule in Shelley's seised seisin statute law subsequent Sugden supra take effect tate tenant Term Rep tion trust Vesey vested void widow wife words writ
Pasajes populares
Página 449 - Every contract for the leasing for a longer period than one year, .or for the sale of any lands or any interest in lands, shall be void, unless the contract, or some note or memorandum thereof, expressing the consideration, be in writing, and be subscribed by the party by whom the lease or sale is to be made.
Página 213 - It is a rule in law when the ancestor by any gift cr conveyance takes an estate of freehold, and in the same gift or conveyance an estate is limited, either mediately or immediately to his heirs in fee or in tail, that always in such cases 'the heirs' are words of limitation of the estate, and not words of purchase.
Página 271 - The absolute power of alienation shall not be suspended by any limitation or condition whatever, for a longer period than during the continuance of not more than two lives in being at the creation of the estate, except in the single case mentioned in the next section.
Página 203 - 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.
Página 514 - ... at the foot or end thereof by the testator, or by some other person in his presence and by his direction; and such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses shall attest and shall subscribe the will in the presence of the testator, but no form of attestation shall be necessary.
Página 375 - ... part of the personal estate ; and this law relative to descents and dower, shall remain in full force, until altered by the legislature of the district.
Página 2 - All lands within this State are declared to be allodial, so that, subject only to the liability to escheat, the entire and absolute property is vested in the owners according to the nature of their respective estates.
Página 212 - Every disposition of real property, whether by deed or by devise, shall be made directly to the person in whom the right to the possession and profits is intended to be vested, and not to...
Página 536 - We may lay it down as an incontrovertible rule that, where an estate is given to a person generally or indefinitely with a power of disposition...