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The Law of Devises, Last Wills, and Revocations

The Law of Devises, Last Wills, and Revocations


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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. 1792 Excerpt: ... th. Of executory clevises, contingent remain' ders, and cross remainders. Blael. Com. A N executory devise is a future interest 2 fr' I?3, A which cannot vest at the death of the iEq Cas. teftatcr5 but depends on some contingency, AEr. 186, 'aod which must happen before it can vest. Janb's Dia. As if-A. devises that after his son paid last edit. Jo/, to his executors, he should have his term;--this is a good devise of the term; or, if the devise had been to his son after the death of B. this had been good to vest the remainder of the term in the son, when the contingency happened;--and this is, in effect, the judgment in Manning's case j where a term of sifty years was devised to B, after the death of & and C. should have it during his life; it was adjudged, that this was a good devise of as much of the term asremained after the death of C. The great question in these cases was, --Whether the disposition of the term to C. during his life, was not such a total disposition of it, that no remainder could be limited over: and as these executory remainders seem to destroy the former rules, (viz. that no e/late can be devised, but such as can be made by conveyance in the life of the party, ) we will inquire how they came to be established against them.--It has been long allowed in chancery to settle terms in trust, with remainders remainders over, which were to arise on Contingencies; for they thought it very severe, and against natural justice, since a man hath as absolute a power over his lease, as he who hath an inheritance, has over it, that he should be disabled from settling his lease, as he might his inheritance, to make provision for his samily, and the contingencies of it, which were in his view; but the courts of law, (where the devises as well as ot


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Product Details
  • ISBN-13: 9781150131387
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 62
  • Spine Width: 3 mm
  • Width: 189 mm
  • ISBN-10: 1150131381
  • Publisher Date: 11 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 127 gr


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