 | Richard Preston - Distribution of decedents' estates - 1794 - 192 pages
...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... | |
 | Richard Preston - Abstracts of title - 1818 - 486 pages
...limitation of the estate, and not of purchase." By Mr. Serjeant Glynn in Perrin v. Blake^ MS. Reports, " In any instrument, if a freehold be limited to the...the whole estate ; if it be limited to the heirs of the body, he takes a fee-tail ; if to his heirs, a fee-simple." And by lord Coke, 1 Inst. 3?6 b. in... | |
 | Richard Preston - Abstracts of title - 1818 - 484 pages
...limitation of the estate, and not of purchase." By Mr. Serjeant Glynn in Perrin v. Blake, MS. Reports, " In any instrument, if a freehold be limited to the...the whole estate ; if it be limited to the heirs of the body, he takes a fee-tail ; if to his heirs, a fee-simple." And by lord Coke, 1 Inst. 376 b. in... | |
 | Richard Preston - Entail - 1828 - 562 pages
...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 - Conveyancing - 1839 - 708 pages
...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 - Law reports, digests, etc - 1844 - 800 pages
...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... | |
 | George Bowyer - Ecclesiastical law - 1851 - 218 pages
...the heirs male of his body, the heirs male were held to take by descent, and not by purchase. Thus, in any instrument, if a freehold be limited to the...the whole estate. If it be limited to the heirs of the body he takes an estate tail, if to his heirs a fee simple. The freehold estate of the ancestor... | |
 | John Bouvier - Law - 1855 - 774 pages
...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 - Law reports, digests, etc - 1876 - 842 pages
...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 - Law reports, digests, etc - 1883 - 1240 pages
...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... | |
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in any instrument, if a freehold be limited to the ancestor for life, and the inheritance to his heirs, either mediately or immediately, the first taker takes the whole estate. 
