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Home > Law > Jurisprudence and general issues > Legal history > A Succinct View of the Rule in Shelley's Case; Exhibiting, by Negative and Affirmative Propositions, the Instances in Which Several Limitations, One to the Ancestor, the Other to the Heirs, -The Heirs of the Body, -Or Issue of the Body of That Pers
A Succinct View of the Rule in Shelley's Case; Exhibiting, by Negative and Affirmative Propositions, the Instances in Which Several Limitations, One to the Ancestor, the Other to the Heirs, -The Heirs of the Body, -Or Issue of the Body of That Pers

A Succinct View of the Rule in Shelley's Case; Exhibiting, by Negative and Affirmative Propositions, the Instances in Which Several Limitations, One to the Ancestor, the Other to the Heirs, -The Heirs of the Body, -Or Issue of the Body of That Pers


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About the Book

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1794. Excerpt: ... The doctrine of the Rule extends to all sorts of instruments, by which limitations of estate are made; and to limitations upon surrenders of copyholds; with some difference of construction, in point of strictness, according to the nature of the instrument, (as deeds, wills or articles) in which the limitations are made, and the object and tendency of the provisions in these instruments and the nature of the interest which they confer; and, generally speaking, and with the observation which has been made, that the several limitations must both give either legal or equitable interests, it extends as well to trusts that are executed, as to legal estates, excepting those cases of trust which have circumstances indicative of an intention contrary to and incompatible with, the effect that would attend the construction that the heirs are to take by succession in a course of descent. In these, and, in short, all other cases, the manifest intention precludes the application of the rule. In regard to trusts which are executory, and leave the direclion of a convey.., once to devolve on the Court of Chancery, by making it necessary that the trustees shall act, and, of course, that this court shall interfere to see that act properly done, that court, which has exclusive exclusive jurisdiction of interest of this fort, will consider the object of the parties, and, notwithstanding the rule under consideration, will decree limitations of estate, agreeable to the manifest intention; whether that intention is to be collected from the nature of the instrument; as marriage articles, and the persons they generally have in contemplation, and for whom they intend at least, if not profess, to provide, as the children of the marriage; or from expressions which clearly shew that ...


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Product Details
  • ISBN-13: 9780217097208
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 32
  • Spine Width: 2 mm
  • Width: 189 mm
  • ISBN-10: 0217097200
  • Publisher Date: 05 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 77 gr


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    A Succinct View of the Rule in Shelley's Case; Exhibiting, by Negative and Affirmative Propositions, the Instances in Which Several Limitations, One to the Ancestor, the Other to the Heirs, -The Heirs of the Body, -Or Issue of the Body of That Pers
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    A Succinct View of the Rule in Shelley's Case; Exhibiting, by Negative and Affirmative Propositions, the Instances in Which Several Limitations, One to the Ancestor, the Other to the Heirs, -The Heirs of the Body, -Or Issue of the Body of That Pers

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