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action administrator advancement alien allowed amount ancestor appear applied authority become born brother character charge child cited claimed common law condition constitute construction contingent contract conveyed court creditors daughter death debts deceased decided decision deed defendant descended determine devise died distinction effect entitled equally event evidence executory exist expressed facts father feudal follows further gift give given grant ground happen heirs heirs at law held hold husband intention interest issue John land lease leaving limitation living marriage married matter meaning ment mother named nature opinion original parent particular parties passed period person plaintiff possession premises principle proved provision purchase question real estate reason referred regarded remainder rent respect rule seems share sisters statute succession taken tenant term tion took treated twenty-one valid vested void whole wife York
Page 64 - The present capacity of taking effect in possession, if the possession were to become vacant, and not the certainty that the possession will become vacant before the estate limited in remainder determines, universally distinguishes a vested remainder from one that is contingent.
Page 213 - Future estates are either vested or contingent. They are vested when there is a person in being who would have an immediate right to the possession of the lands upon the ceasing of the intermediate or precedent estate. They are contingent while the person to whom, or the event upon which, they are limited to take effect, remains uncertain.
Page 167 - Every future estate shall be void in its creation, which shall suspend the absolute power of alienation for a longer period than is prescribed in this Article. Such power of alienation is suspended, when there are no persons in being, by whom an absolute fee in possession can be conveyed.
Page 165 - ... 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. For the purposes of this section, a minority is deemed a part of a life, and not an absolute term equal to the possible duration of such minority.
Page 329 - ... not equal to the share which will be due to the other children by such distribution as aforesaid; then so much of the surplusage of the estate of such intestate to be distributed to such child or children as shall have any land by settlement from the intestate, or were advanced in the lifetime of the intestate, as shall make the estate of all the said children to be equal as near as can be estimated; but the heir at law, notwithstanding any land that ho shall have by descent or otherwise from...
Page 466 - To the king's writ of bastardy, whether one being born before matrimony may inherit in like manner as he that is born after matrimony, all the bishops answered that they would not, nor could not, answer to it ; because it was directly against the common order of the church. And all the bishops instanted the Lords, that they would consent that all such as were...
Page 165 - The absolute power of alienation shall not be suspended by any limitation or condition whatever, for a longer period than during the continuance of two lives in being at the creation of the estate, except in the single case mentioned in.
Page 295 - Heirs apparent are such whose right of inheritance is indefeasible provided they outlive the ancestor ; as the eldest son or his issue, who must by the course of the common law be heir to the father whenever he happens to die.
Page 106 - When a remainder is limited to the heirs, or heirs of the body, of a person to whom a life estate in the same property is given, the persons who, on the termination of the life estate, are the successors or heirs of the body of the owner for life, are entitled to take by virtue of the remainder so limited to them, and not as mere successors of the owner for life.
Page 123 - AN executory devise is a limitation by will of a future contingent interest in lands, contrary to the rules of limitation of contingent estates in conveyances at law. If the limitation by will does not depart from those rules prescribed for the government of contingent remainders, it is, in that case, a contingent remainder, and not an executory devise.* Lord Kenyon observed, in Doe v.