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

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Saunders and Benning, 1843 - 746 стор.
 

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Glance at the origin and progress of the feodal system
9
Prior gift to first and other sons in tailmale
10
Persons may take jointly under an Executory limi
11
Of testamentary alienation under the feodal system
15
Rarity of authorities upon remoteness of limitations by
16
property
27
Probability of this enactment proving unwelcome to
30
SECTION II
32
CHAPTER III
36
THE VARIOUS MODES OF DISENTAILING COPYHOLD PROPERTY
40
Gladly adopted as a means of removing the grievances
44
Corbets case
46
This power equally belongs to customary tenants in tail
47
CHAPTER VI
53
The question whether Springing and Shifting Uses may
64
CHAPTER XVIII
69
Definition of an Executory devise
72
Limitation to the heirs of J S during his life or to A
73
Conclusionthat Springing Shifting and Future Uses
79
Gore o Gore
80
Their nature and operation
82
Doctrine of Executory bequests proceeds on assumption
88
Grounds of restrictive construction from this circum
92
Of Executory bequests of chattels personal
94
and also in case of giftover on failure of issue when
98
Formerly ruled that when such chattels were given
99
CHAPTER IX
105
Difference in respect to limitations to halfbrothers
106
As to the transmissibility and alienability of interests
110
Observations upon these cases and extent to which they
111
also semblewhen preceding gift to definite number
118
By feoffment
128
HISTORY AND PROGRESSIVE ESTABLISHMENT OF
140
Limitation in futuro after death of a person without issue
146
Case of Stephens v Stephens
147
Case of Lloyd v Carew
153
But additional months coincident only with gestation
154
ADJUNCTS OF OR RULES ACCESSORY TO THE RULE
169
But the person whose issue is to fail must be in esse
171
CHAPTER XIII
174
Consideration of effect of statute 1 Vict c 26 post
175
Inclination of the Common law favorable to the free
177
635
179
Limitation to A and the heirs of his body and if he leave
181
Estatetail raised by implication under devise on failure
182
Cosens case
183
Limitations on failure of issue restricted to death of
186
583
192
Donn o Penny 250 345 346
193
But not in deeds
196
Fenner 200 210 237
200
Case of Doe d Cape o Walker
203
Charge of money of less importance in reference to gifts
210
The exception in the act of devises on failure of issue
211
Effect of wo similar significar gift being
214
Whether the effect of the construction is to restrain failure
216
If gift to survivor for life only restricted construction
221
584
224
Limitationover on death in minority and without issue
228
Dyer and Miles
231
Limitation on death of B in life of A or without issue
232
Cowley and Chadock 219 220 226 d Cock v Cooper
237
Words after his decease as aforesaid occurring as
239
Nature and operation of such devises
254
Egerton v Jones
261
Lord Cokes illustrations of this rule
268
Recent cases bearing upon the doctrine
270
Mr Prestons confirmation of the rule
276
SUBDIVISION 1
277
Colewy and Ryan
279
Green
281
Giftover after prior limitation to children for life
283
Limitationover on death above particular age and with
286
When there is no preceding gift to the parent
288
THE OPERATION OF 7 GUL 4 AND 1 Vict c 26 s 29 UPON
291
to A in fee after the death of B without issue A
294
If no estatetail can be raised by implication limitations
295
The other exception of devises referring to failure of issue
301
How far the rule of implication of estatetail from con
303
Reasons of proprietors desiring a construction of such
311
And by feoffment
312
of the absolute interest and ulterior gift void
321
OF THE EXPRESSIONS AND CIRCUMSTANCES GIVING A RESTRIC
325
sions and circumstances
327
And doctrine more readily applied to crosslimitations
328
Greene o Ward 179 187 189 295 and Studholme
329
L
333
Jervas and Brown
342
Authorities opposed to the restricted construction by force
344
190
346
SUBDIVISION III
373
Wherever doctrine applicable in case of realty it will
382
Castle
385
Ancient inferiority of terms of years
389
Introductory observations
396
And where preceding bequest to ancestor in words which
402
OF THE RULE AGAINST PERPETUITIES AS IT AFFECTS
408
Legislative effect given to their desires by Statute de donis
415
The difference between legal and equitable remainders
425
263
429
Cases of Pitt v Jackson and Mogg v Mogg in reference
431
Case of Mogg v Mogg considered as to this point
438
Construction of cyprés not applied to limitations in deeds
440
Observations upon Goodtitle d Cross v Woodhull
448
CHAPTER XVII
455
The power sometimes exercised by custom and over terms
458
Same rules applicable to limitations to other classes
461
DESCRIPTION OR POSSESSING A SPECIFIED QUALI
464
bequest to persons
470
Joselyn
474
Limitations of rents to persons from time to time in posses
476
Issue and heirs of the body primarily words
478
Limitations under particular powers must be such as would
484
180
485
360
493
Secus if excess of appointment can be ascertained
494
CHAPTER XXI
501
A remainder to an unborn child of a person in esse post
502
Whether limitations in question can be considered as gifts
503
The indestructibility of future Uses the parent of the Rule
511
Judd and Hunter
520
Griffith v Blunt
523
QUENT DIVESTING GIFTS
531
Doctrine obtains notwithstanding ordinary rule in favor
540
Effect of the introduction of Uses in insinuating a testa
541
As to remoteness of powers in reference to terms created
544
181
545
Greyo Montagu
546
Authorities upon the subject of unlimited Powers
548
Powers not extended to representatives of donee if living
554
General observations as to unlimited special Powers
563
Except as to contingent remainders limited after terms
573
Case of Bankes v Le Despencer
576
Executory bequests of chattels real indestructible
580
Farmer o Francis
581
If direct object of executory trust be creation of a perpe
584
Fellis o Read
592
Grieve and Griffiths
595
Case of Curtis v Lukin
596
But if ulterior remainder be restricted to proper period
600
Evils of remote estates as great in Chancery as at Com
601
Nature of this doctrine and its present weight
602
No rule of Common law rendering unnecessary provi
608
Of conditions with reference to Rule against remoteness
614
Implied conditions
615
Case of Chapman d Oliver v Brown
622
Circumstance of realty being rendered legally liable to
637
OF THE CONSEQUENCES OF REMOTENESS IN LIMITA
657
CHAPTER XXXII
663
If expiration of leases properly restricted no objection
666
265
668
The authorities not uniform upon the point
675
The difficulty presented in the case of leases by the tenant
681
And in wills words leaving children also refer to
691
Questionable character of its present policy
692
Fitzmaurice and Rochfort 390
694
Uncertain testimony of other authorities 100
700
Fonereau and Doe 117
703
The possessions of the Church not embraced by the laws
705
But general result decidedly unfavorable to charitable
707
General remarks as to the subjects considered in this
717
ADDENDA
725
267
726
193
728
384
729
Extract from the third Report of the Commiss
735
Temporary restoration of the former disabilities by means
738
Universal rule of tenure feodal
Lifeestates may be limited in succession to unborn tenants
The feasibility of an adequate remedy
Extract from an opinion relative to a cove
Uses limited to take effect in futuro or Springing
1
Springing and Shifting Uses must be raised out of
2
574
4
366
5
Limited or partial estates may be created within whole
7
On the happening of the contingency on which
8
128
9
But period of time borrowed from possible suspension
10
87
12

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Сторінка 53 - That where any person or persons stand or be seised, or at any time hereafter shall happen to be seised, of and in any honors, castles, manors, lands, tenements, rents, services, reversions, remainders or other hereditaments, to the use, confidence or trust of any other person or persons...
Сторінка 685 - Kirkby, and the heirs of his body ; and for want of such issue...
Сторінка 292 - ... unless a contrary intention shall appear by the will by reason of such person having a prior estate tail or of a preceding gift being without any implication arising from such words a limitation of an estate tail to such person or issue or otherwise.
Сторінка 692 - Majesty, and her most noble progenitors, as by sundry other well-disposed persons: some for relief of aged, impotent and poor people, some for maintenance of sick and maimed soldiers and mariners, schools of learning, free schools...
Сторінка 515 - ... it has long been an established rule for the guidance of the Courts of Westminster in construing devises, that all estates are to be holden to be vested, except estates, in the devise of which a condition precedent to the vesting is so clearly expressed, that the Courts cannot treat them as vested, without deciding in direct opposition to the terms of the will.
Сторінка 10 - Instead of forming a national militia composed of barons, knights, and gentlemen, bound by their interest, their honor, and their oaths to defend their king and country, the whole of this system of tenures now tended to nothing else but a wretched means of raising money to pay an army of occasional mercenaries.
Сторінка 301 - ... tail, or of a preceding gift being, without any implication arising from such words, a limitation of an estate tail to such person or issue, or otherwise: Provided, that this act shall not extend to cases where such words as aforesaid import if no issue described in a preceding gift shall be born, or if there shall be no issue who shall live to attain the age or otherwise answer the description required for obtaining a vested estate by a preceding gift to such issue.
Сторінка 296 - Devise shall be construed to vest in such Trustee the Fee Simple, or other the whole legal Estate which the Testator had Power to dispose of by Will in such Real Estate, and not an Estate determinable when the Purposes of the Trust shall be satisfied . XXXII.

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