Conditional and Future Interests and Illegal Conditions and Restraints in Illinois |
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Page 228
... death of the testator..226 Rule when the period of distribution is the termination of a life estate ........ ... 227 Suppose the property to be distributed to the class is subject in part to a life estate and the gift to the class is in ...
... death of the testator..226 Rule when the period of distribution is the termination of a life estate ........ ... 227 Suppose the property to be distributed to the class is subject in part to a life estate and the gift to the class is in ...
Page 4
... death by those in privity of blood with him . In the meantime , only a right of action subsisted , and that could not be conveyed so as to vest the right to sue in a stranger . Conceding the facts to have been as claimed by the ...
... death by those in privity of blood with him . In the meantime , only a right of action subsisted , and that could not be conveyed so as to vest the right to sue in a stranger . Conceding the facts to have been as claimed by the ...
Page 6
... death the law deals with it in the same way as cattle or money and it goes to the executor , as part of the ' personal estate , ' to be administered by the same rules as mov- able property . If undisposed of by will , the leasehold ...
... death the law deals with it in the same way as cattle or money and it goes to the executor , as part of the ' personal estate , ' to be administered by the same rules as mov- able property . If undisposed of by will , the leasehold ...
Page 88
... death to the right heir of J. S. , provided said right heir of J. S. is ascertained before the termination ( whenever and in whatever manner ) of the preceding life estate in A ; or where the gift is to A for life and if B survive the ...
... death to the right heir of J. S. , provided said right heir of J. S. is ascertained before the termination ( whenever and in whatever manner ) of the preceding life estate in A ; or where the gift is to A for life and if B survive the ...
Page 94
... death , before the death of the life - tenant , of one , whose remainder is contingent upon an event which may well happen after his death , the remainder is lost . In that case the remainder was subject to a condition precedent 33 that ...
... death , before the death of the life - tenant , of one , whose remainder is contingent upon an event which may well happen after his death , the remainder is lost . In that case the remainder was subject to a condition precedent 33 that ...
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Other editions - View all
Conditional and Future Interests and Illegal Conditions and Restraints in ... Albert Martin Kales No preview available - 2019 |
Conditional and Future Interests and Illegal Conditions and Restraints in ... Albert Martin Kales No preview available - 2012 |
Common terms and phrases
Ante applied attornment Boatman Claflin clause common law condition precedent contingent future interest contingent remainder conveyance created dedication descent English entry and detainer equitable estate of freehold estate tail executory devise executory interest expressed intent failure of issue fee simple fee tail forcible entry forfeiture gift grandchildren grantee grantor Gray's Cas Gray's Rule ground heirs at law held holding Illinois indefinite failure interests by deed intestacy land law landlord lease Lechmere limited livery of seizin mainder operation particular estate Post preceding interest Prop quit claim deed reaches twenty-five real estate Real Property remainder in fee rent Restraints on Alienation result Rule against Perpetuities rule in Shelley's semble settlor shifting future interests shifting interests springing interest statute statutory supra supreme court surviving take effect taker tenant terest termination testator's death tingent tion transfer trustees twenty-one valid vested remainder wife
Popular passages
Page 170 - The lineal descendants, in infinitum, of any person deceased shall represent their ancestor ; that is, shall stand in the same place as the person himself would have done had he been living.
Page 351 - In other words, a perpetuity is a future limitation whether executory or by way of remainder and of either real or personal property, which is not to vest until after the expiration of, or will not necessarily vest within, the period fixed and prescribed by law for the creation of future estates and interests; and which is not destructible by the persons for the time being entitled to the property subject to the future limitation, except with the concurrence of the individual interested under that...
Page 170 - ... the remainder shall pass in fee simple absolute to the person or persons to whom the estate tail would, on the death of the first grantee, devisee, or donee in tail, first pass according to the course of the common law by virtue of such devise, gift, grant, or conveyance.
Page 135 - If the conditional element is Incorporated into the description of or into the gift to the remainderman, then the remainder is contingent; but if, after words giving a vested Interest, a clause is added divesting it, the remainder is vested.
Page 104 - That a contingent remainder, existing at any time after the 31st day of December, 1844, shall be, and, if created before the passing of this act, shall be deemed to have been, capable of taking effect, notwithstanding the determination, by forfeiture, surrender, or merger, of any preceding estate of freehold in the same manner, in all respects, as if such determination had not happened.
Page 391 - ... in action due to him, or held in trust for him, and to prevent the transfer of any such property, money or...
Page 290 - ... or any other words which may import either a want or failure of issue of any person in his lifetime or at the time of his death, or an indefinite failure of his issue, shall be construed to mean a want or failure of issue in the lifetime or at the time of the death of such person, and not an indefinite failure of his issue, unless a contrary intention shall...
Page 173 - The real and personal estate of a decedent, whether male or female, remaining after payment of all just debts and legal charges, which shall not have been sold, or disposed of by will, or otherwise limited by marriage settlement, shall be divided and enjoyed as follows; namely, — widow and is.ua.
Page 351 - No Interest subject to a condition precedent is good unless the condition must be fulfilled, if at all, within twenty-one years after some life in being at the creation of the interest.
Page 353 - A perpetuity is defined to be a limitation taking the subject thereof out of commerce for a longer period of time than a life or lives in being and twenty-one years thereafter, and in the case of a posthumous child, a few months more, allowing for the period of gestation.