Commentaries on American Law, Svazek 4Little, Brown, 1858 |
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according action alienation allowed apply assignment authority Barb becomes chancery claim Code common law condition considered construction contingent contingent remainder contract convey conveyance court covenant created creditor death debt decision deed descendants determination devise distinction doctrine dower effect English entitled entry equally equity execution executory devise existing freehold give given grant grantor heirs held hold husband ibid inheritance intention interest issue Jackson Johns judgment justice land lease lien limitation Litt lives Lord Maine Mass mortgage mortgagor nature notice Ohio operation opinion owner particular party pass person possession Preston principle profits provision purchaser question real estate reason recorded remainder rent respect rule seised seisin sell settled Smith subsequent tail tenant term third tion trust United unless valid vested void waste whole widow wife York Revised Statutes
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Strana 299 - The absolute power of alienation shall not be suspended by any limitation or condition whatever, for a longer period than during the continuance of not more than two lives in being at the creation of the estate, except in the single case mentioned in the next section.
Strana 634 - We may lay it down as an incontrovertible rule that, where an estate is given to a person generally or indefinitely with a power of disposition, it carries a fee, and the only exception to the rule is where the testator gives to the first taker an estate for life only by certain and express words, and annexes to it a power of disposal. In that particular and special case the devisee for life will not take an estate in fee...
Strana 287 - ... where one by his words or conduct wilfully causes another to* believe in the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Strana 343 - 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.
Strana 315 - ... termination of not more than two lives in being at the date of the instrument...
Strana 299 - ... 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.
Strana 347 - To receive the rents and profits of land and apply them to the use of any person during the life of such person or for any shorter term, subject to the rules prescribed in the last preceding chapter.
Strana 273 - ... to the use of, or in trust for, such person ; and if made to any person to the use of, or in trust for another, no estate or interest, legal or equitable vests in the trustee.
Strana 277 - No estate for life shall be limited, as a remainder on a term of years, except to a person in being, at the creation of such estate.
Strana 243 - 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.