| Richard Preston - 1794 - 192 páginas
...by a very able lawyer to be " That in " any inftrumcnt, if a freehold be limited to " the anceftor for life, and the inheritance to his " heirs, either mediately or immediately , the firft " taker, takes the whole eftate ; if it be limited " to the heirs of his body he takes a fee-tail... | |
| Tapping Reeve - 1816 - 518 páginas
...frequently dispensed with in devises. We find a rule laid down in Shelley's case, l Rep. 93, that, in any instrument, if a freehold be limited to the...the whole estate. If it be limited to the heirs of his body, he takes a fee-tail: if to his heirs, he takes a fee-simple. Wherever, therefore, we find... | |
| Richard Preston - 1820 - 554 páginas
...perhaps with still greater precision, though not with equal elegance, by a very able lawyer, to be " in any instrument, if a freehold be limited to the...the whole estate ; if it be limited to the heirs of his body, he takes a fee-tail ; if to his heirs, a fee-simple (d)" In this proposition, the rule assumes... | |
| Richard Preston - 1828 - 562 páginas
...Rep. 104, Sktlltys case; Brook, Done, fee. pi. 11 ; same Mosine, pi. 1 . -I" very able lawyer, to be " in any instrument, if a freehold be limited to the ancestor for life, and the inheri'ance to his heirs, either mediately or immediately, the first taker takes the whole estate ;... | |
| Solomon Atkinson - 1839 - 708 páginas
...doubt nor difficulty. If, on the true construction of the instrument, it appear that the freehold is limited to the ancestor for life, and the inheritance to his heirs, the rule applies of course, and vests the whole inheritance in the ancestor. It is equally applicable... | |
| United States. Supreme Court - 1844 - 800 páginas
...seems to favour the first of these positions, as does also the rule in Shelly's case. By that rule, " in any instrument! if a freehold be limited to the...immediately, the first taker takes the whole estate." This rule had its origin in feudal times, and was, perhaps, in no small degree influenced by considerations... | |
| John Bouvier - 1854 - 692 páginas
...courts. (c) It has been expressed with great precision, though not with much elegance, to be " in an instrument, if a freehold be limited to the ancestor...the whole estate ; if it be limited to the heirs of his body, he takes a fee in tail ; if to his heirs, a fee simple. "(d) Such remainder is immediately... | |
| John Bouvier - 1855 - 774 páginas
...than any other case. It has been expressed with great precision, though not with much elegance, to be "in any instrument, if a freehold be limited to the ancestor for life, and the inheritance to bis heirs, either mediately or immediately, the first taker takes the whole estate ; if it be limited... | |
| Isaac Grant Thompson - 1876 - 842 páginas
...Scott, was thought Butler v. Huestis. to be the most accurate expression of the rule, as follows : "In any instrument, if a freehold be limited to the...taker takes the whole estate ; if it be limited to the heira of his body, he takes a fee-tail; if to his heirs, a fee simple." The definition of the rule... | |
| United States. Supreme Court - 1883 - 1240 páginas
...seems to favor the first of these positions, as does also the rule in Shelly's cose. By that rule, " in any instrument, if a freehold be limited to the...immediately, the first taker takes the whole estate." This rule had its origin in feudal times, and was, perhaps, in no small degree influenced by considerations... | |
| |