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 PropertySaunders and Benning, 1849 - 746 páginas |
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Página iii
... JUDGE DISTINGUISHED FOR THE POWER , DISCRIMINATION , AND LOGICAL ACUMEN WHICH HE APPLIES ΤΟ THE INVESTIGATION OF THE MOST SUBTLE AND COMPLEX OF SCIENCES , AND FOR THE ENERGY , FIDELITY , AND JUDGMENT WITH WHICH HE ADMINISTERS A MOST ...
... JUDGE DISTINGUISHED FOR THE POWER , DISCRIMINATION , AND LOGICAL ACUMEN WHICH HE APPLIES ΤΟ THE INVESTIGATION OF THE MOST SUBTLE AND COMPLEX OF SCIENCES , AND FOR THE ENERGY , FIDELITY , AND JUDGMENT WITH WHICH HE ADMINISTERS A MOST ...
Página v
... ; but , whenever this has happened , the Writer sincerely hopes that , while entering into the inquiry with that freedom which , he is sure , learned Judges would themselves concede and desire Biddal overruled in Lord Dungannon.
... ; but , whenever this has happened , the Writer sincerely hopes that , while entering into the inquiry with that freedom which , he is sure , learned Judges would themselves concede and desire Biddal overruled in Lord Dungannon.
Página vi
... Judges would themselves concede and desire , he may not have indicated anything approaching an insubmissive or disputatious tone of criticism . The importance of several of the topics here intro- duced to the reader's notice , will be ...
... Judges would themselves concede and desire , he may not have indicated anything approaching an insubmissive or disputatious tone of criticism . The importance of several of the topics here intro- duced to the reader's notice , will be ...
Página 4
... Judges of England to abolish perpetuity in entails , and its Legislature to restrict alienation in mortmain . Wise and salutary legislation such as this , reflects enduring credit upon our age and country , no less than upon the law ...
... Judges of England to abolish perpetuity in entails , and its Legislature to restrict alienation in mortmain . Wise and salutary legislation such as this , reflects enduring credit upon our age and country , no less than upon the law ...
Página 22
... judges in Lord Dungannon v . Smith . Sir Nicolas Tindal remarked that the case of Stephens v . Stephens ( g ) in- directly afforded decisive proof that Taylor v . Biddal was dealt with as if the executory devise had been limited to sons ...
... judges in Lord Dungannon v . Smith . Sir Nicolas Tindal remarked that the case of Stephens v . Stephens ( g ) in- directly afforded decisive proof that Taylor v . Biddal was dealt with as if the executory devise had been limited to sons ...
Otras ediciones - Ver todas
A Practical Treatise on the Law of Perpetuity; Or, Remoteness in Limitations ... William David Lewis Sin vista previa disponible - 2012 |
Términos y frases comunes
11 Vict 9 Vict accumulation adverted alienation applied appointment argument ascer ascertained attain twenty-one authority Beav bequest CHAPTER chattels child circumstances clause Coll common law considered construction contingent remainders created daughters decease decision deed destructible determination disposition distinction Dungannon enactment entitled estate in land estates tail estates-tail executory devise executory gift executory interests executory limitations existence failure of issue freehold fund gift-over grandchild grandchildren ground heir male Hertford House of Lords illegal important indefinite land learned Judge living Lord Chancellor Lord Cottenham Nicholl objects observed operation particular estate particular-estate period Perp personal estate preceding estate principle provisions question real property reference render rents respect Rule against Perpetuities rule of law settled settlement Sewell shew Sir Edward Sugden Southampton statute Stoughton subsequent supposed take effect taker tenant in tail term testamentary testator's death testator's lifetime tion Treat trust unborn valid Vanderplank void for remoteness words writer
Pasajes populares
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...