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An Inquiry Into the Effect of Limitations to Heirs of the Body in Devises; With Remarks on the Doctrine of Equity Concerning Doubtful Titles, and Titles Acquired by the Destruction of Contingent Remainders

An Inquiry Into the Effect of Limitations to Heirs of the Body in Devises; With Remarks on the Doctrine of Equity Concerning Doubtful Titles, and Titles Acquired by the Destruction of Contingent Remainders


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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: designate children, and children only, could not well select a term less fitted for his purpose. The language of the books, enforcing the necessity of such a clear expression of intent, as cannot be mistaken, in order to controul the words heirs of the body/' is strong and uniform. In Poole v. Poole (d) it is laid down, that to controul these words, the intent must appear so plainly that no one can misunderstand it; and even those judges who have shewn, by their decisions at least, the most marked disinclination to countenance the rigid rules of law, have, in effect, admitted that in construing these words to mean children, we reject as well their legal, as their ordinary and natural import; (e) and that snch a construction can only be warranted by a clear indication of intention. (f) But here the power, so far from warranting such construction, seems to put a negative upon it. The argument attempted to be founded on the power, against the acceptation of the words heirs of the body in their proper sense, may be thus stated: ?that the words of purchase in the power must govern the construction of words of limitation used in the gift in default of appointment; and that where a testator, in framing a power, defines the objects by a word of purchase, clearly (d) 3 Bos. and Pull. 627. (e) Per Lord Ellenbonragh, Doe v. Jesson, 5 Maule and Selw. 95. (f) Per Bailey, J. ib. descriptive of the first generation only, and then, proceeding to dispose of the estate in default of appointment, employs words of limitation, having a settled import, which embraces the whole line of descendants, h must be taken to intend the same objects in both cases, and his own gift must be measured by the extent of the power which he has confided to another. But thus to cut down the words '...


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Product Details
  • ISBN-13: 9781459032279
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 100
  • Spine Width: 5 mm
  • Width: 189 mm
  • ISBN-10: 1459032276
  • Publisher Date: 31 Jan 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 195 gr


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An Inquiry Into the Effect of Limitations to Heirs of the Body in Devises; With Remarks on the Doctrine of Equity Concerning Doubtful Titles, and Titles Acquired by the Destruction of Contingent Remainders
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