Conditional and Future Interests and Illegal Conditions and Restraints in Illinois |
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Page 215
... taken with the aid of the 5th and part of the 6th volume of Gray's Cases on Property , the notes to those cases taken in Professor Gray's course at the Harvard Law School , Gray's Rule against Perpetuities , the same learned author's ...
... taken with the aid of the 5th and part of the 6th volume of Gray's Cases on Property , the notes to those cases taken in Professor Gray's course at the Harvard Law School , Gray's Rule against Perpetuities , the same learned author's ...
Page 216
... taken only after expending the best thought and attention that could be brought to the problem . It is hoped that a painstaking and conscientious criticism of some cases with the reasoning upon which that criticism is based , fully set ...
... taken only after expending the best thought and attention that could be brought to the problem . It is hoped that a painstaking and conscientious criticism of some cases with the reasoning upon which that criticism is based , fully set ...
Page 224
... taken effect under the statute of uses .... .149 ...... 150 the fact that our deeds in Illinois may operate under the acts of 1827 and 1872 cannot interfere with the validity of shifting interests created by them ...... shifting ...
... taken effect under the statute of uses .... .149 ...... 150 the fact that our deeds in Illinois may operate under the acts of 1827 and 1872 cannot interfere with the validity of shifting interests created by them ...... shifting ...
Page 4
... taken to consummate the forfeiture . This could be done only by the grantor during his lifetime , and after his death by those in privity of blood with him . In the meantime , only a right of action subsisted , and that could not be ...
... taken to consummate the forfeiture . This could be done only by the grantor during his lifetime , and after his death by those in privity of blood with him . In the meantime , only a right of action subsisted , and that could not be ...
Page 7
... Taken in their wider meaning these statutes have reference to dedications by any owner of land . In its narrower meaning the act of 1851 must be interpreted as applying only when upon the vacation of a dedication , an incorporated city ...
... Taken in their wider meaning these statutes have reference to dedications by any owner of land . In its narrower meaning the act of 1851 must be interpreted as applying only when upon the vacation of a dedication , an incorporated city ...
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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.