Commentaries on American Law, Volumen4O. Halsted, 1830 |
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Términos y frases comunes
alienation ancestor bargain and sale chancery common law common recovery condition contingent remainder convey conveyance court of equity covenant created creditor curtesy death debt declared deed default descent disseisin distinction doctrine dower English law entitled entry equally estate of freehold estate tail execution executory devise Fearne fee simple feoffee feoffment feudal forfeiture freehold grant grantor Harr heirs held husband ibid intention interest issue Jackson Johns joint tenants land lease legal estate lessee limitation Litt livery Lord Coke Lord Hardwicke Lord Mansfield mortgage mortgagor N. Y. Revised Statutes New-York Revised Statutes notice operation owner particular estate party personal estate possession Preston on Estates principle provision purchaser real property reversion revocation rule rule in Shelley's seised seisin statute of frauds Sugden on Powers take effect Term Rep tion trust Vesey Vesey's Rep vested void widow wife words
Pasajes populares
Página 206 - 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 288 - And therefore on a feoffment to A and his heirs, to the use of B and his heirs...
Página 303 - ... equity, shall be deemed to have a legal estate therein, of the same quality and duration, and subject to the same conditions, as his beneficial interest...
Página 303 - Where a grant for a valuable consideration shall be made' to one person, and the consideration therefor shall be paid by another, no use or trust shall result in favor of the person by whom such payment shall be made; but the title shall vest in the person named as the alienee in such conveyance, subject only to the provisions of the next section.
Página 203 - 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 504 - Frauds it is enacted, that no devise in writing of lands, tenements, or hereditaments, or any clause thereof, shall be revocable otherwise than by some other will or codicil in writing, or other writing declaring the same, or by burning, cancelling, tearing, or obliterating the same, by the testator himself, or in his presence, and by his directions and consent...
Página 225 - ... the persons who, on the termination of the life estate, shall be the heirs, or heirs of the body of such tenant for life, shall be entitled to take as purchasers, by virtue of the remainder so limited to them.
Página 243 - ... a contingent remainder in fee may be created on a prior remainder in fee, to take effect in the event that the persons to whom the first remainder is. limited, die under the age of twenty-one years, or on any other contingency by which the estate of such persons may be determined before they attain full age.
Página 295 - Atk., 591, says, that by this means, a statute made upon great consideration, introduced in a solemn and pompous manner, has had no other effect than to add, at most, three words to a conveyance.
Página 207 - When a person takes an estate of freehold, legally or equitably, under a deed, will, or other writing, and in the same instrument there is a limitation by way of remainder, either with or without the interposition of another estate, of an interest of the same legal or equitable quality, to his heirs, or heirs of his body, as a class of persons to take in succession from generation to generation, the limitation to the heirs entitles the ancestor to the whole estate.