| William Cruise - Real property - 1818 - 624 pages
...That where a contingency is limited to depend on an estate of freehold, which is capable of supporting a remainder, it shall never be construed to be an executory devise, but a contingent remainder. And therefore the Court determined that the devise to the heirs of the... | |
| Richard Preston - Abstracts of title - 1818 - 486 pages
...that where a contingency is limited to depend on an estate of freehold which is capable of supporting a remainder, it shall never be construed to be an executory devise, but a contingent remainder only, and not otherwise. A consequence from this rule is, no gift by will... | |
| John Wilson - 1824 - 200 pages
...in Goodlitle v. Billington (d), Lord Mansfield, in delivering the opinion of the court, said, it was perfectly clear and settled, that where an estate...construed to be an executory devise or springing use. And where the contingent estate may, in the nature of its original limitation, take effect during,... | |
| William Cruise - Real property - 1824 - 732 pages
...estate tail, ib. may be created without the word ' remainder,' ib. an estate which can take effect as, shall never be construed to be an executory devise or springing use, 280. now usually created by conveyances to uses, 304. joint tenancy of, 431. Vested remainder, or remainder... | |
| Law reports, digests, etc - 1829 - 964 pages
...for, where a contingency is limited to depend on an estate of freehold which is capable of supporting a remainder, it shall never be construed to be an executory devise, but a contingent remainder only, and not otherwise." If here George Blair be held to take an estate... | |
| Great Britain. Court of Common Pleas, John Bayly Moore, Joseph Payne - Law reports, digests, etc - 1830 - 852 pages
..." Where a contingency is limited to depend on un estate of freehold, which is capable of supporting a remainder, it shall never be construed to be an executory devise, but a contingent remainder only, and not otherwise." If, therefore, George Blair be held to take an... | |
| Edward Burtenshaw Sugden - Powers (Law) - 1831 - 898 pages
...other way. And in Goodtitle v. Billington, Lord Mansfield said, in delivering judgment, that it was perfectly clear and settled, that where an estate...as a remainder, it shall never be construed to be a springing use. Dougl. 758. So in Weale v. Lower, Lord CJ Hale took a difference between a contingent... | |
| William Cruise - Real property - 1835 - 436 pages
...unmarried. The heir of Elizabeth brought an ejectment against the devisee of Ann. Lord Mansfield. — " It is perfectly clear and settled, that where an estate...limitation is to two persons and the survivor, so that a pre238 GLH.xS-31. 473.474. Ff»tu*7X. 14.407. Cra.Ja.592. **t the estate denned to AMI, in case she... | |
| Charles Fearne, Charles Butler - Executory interests - 1845 - 584 pages
...rule was relied upon; in the latter of which, Lord Mansfield, in the voice of the court, said-it was perfectly clear and settled, that where an estate...effect as a remainder, it shall never be construed an executory devise or springing use. It was contended on behalf of the plaintiff, that the case was... | |
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