A Practical Treatise on the Law of Perpetuity: Or, Remoteness in Limitations of Estates: as Applicable to the Various Modes of Settlement of Property, Real and Personal, and in Its Bearing on the Different Modifications of Ownership in Such Property
Saunders and Benning, 1849 - 746 páginas
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according accumulation actual alienation appear applied appointment argument ascertained attain authority bequest body born child circumstances clause clear common conclusion consideration considered construction contingent remainders Court created daughters decease decided decision deed depends determination devise direction disposition distinction doctrine doubt effect entitled equally estates tail event executory existence expressed extended fact failure of issue former freehold gift gift-over given ground happen heirs held important indefinite intention interest issue Judge land learned leaving lifetime limitation living Lord meaning merely objects observed operation opinion originally particular period Perp Perpetuities person possession possibility preceding present principle provision purchase question reason reference regard remoteness render respect rule Rule against Perpetuities seems settled settlement share speak statute subsequent succession suggested supposed take effect taken tenant in tail term testator's death tion Treat trust twenty-one valid vested Vict void writer
Página 62 - And be it further enacted, that every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.
Página 13 - contingent right," as applied to lands, shall mean a contingent or executory interest, a possibility coupled with an interest, whether the object of the gift or limitation of such interest or possibility be or be not ascertained, also a right of entry, whether immediate or future, and whether vested or contingent : The words " convey" and
Página 11 - That a contingent remainder, existing at any time after the 31st day of December, 1844, shall be, and, if created before the passing of this Act, shall be deemed to have been capable of taking effect, notwithstanding the determination, by forfeiture, surrender, or merger of any preceding estate of freehold, in the same manner, in all respects, as if such determination had not happened.
Página 106 - As to the question of remoteness," said the Lord Chancellor, " at this time of day I was very much surprised to hear it pressed upon the Court, because it is now perfectly settled, that where a limitation is to take effect as a remainder, remoteness is out of the question...
Página 7 - Remainder; but every Estate which before that Time would have taken effect as a contingent Remainder shall take effect (if in a Will or Codicil) as an executory Devise...
Página 13 - VOL. iv. — 9 same respoc'.ivelv mav become vested, and whether he may be entitled thereto under the instrument by which the same respectively were created or under any disposition thereof by deed or will ; and also to all rights of entry for conditions broken, and other rights of entry...
Página 10 - Act shall come into operation, shall not fail, or be destroyed, or barred, merely by reason of the destruction or merger of any preceding estate or its determination by any other means than the natural effluxion of 7 *" d 8 Vlct the time of such preceding estate, or some event on which it was in its creation limited to determine.
Página 159 - AT for life, and from and after his decease to permit such person who, for the time being, would take by descent as heir male of the body of AT, to take the profits thereof until some such person shall attain the age of twenty-one years...
Página 140 - ... where a testator gives real estate to an unborn person for life, with remainder to the first and other sons of such person in tail male, or with remainder to the first and other sons of such person in tail general, with remainder to the daughters as tenants in common in tail, with cross remainders amongst them. In such a case, the course of succession designated by the testator is one allowed by law, but the direction that the first taker should take for life only, with remainder to his children...
Página 185 - In Lade v. Holford the Court did not attempt to model the Trust, and make it good in the Extent, to which it might have been well carried on in its Creation. As to the Possibility, that Lord Southampton may attain the Age of twenty-one, that never has been held to be an Answer to the Objection, that the Trust, as originally created, is too remote. Supposing this Accumulation allowed to go on, and he dies under twenty-one, what is to become of the accumulated Fund '! The Deed says, it shall go to...