Conditional and Future Interests and Illegal Conditions and Restraints in Illinois |
From inside the book
Page 395
... except when such trust has , in good faith , been created by , or the fund so held in trust has proceeded from , some person other than the defendant himself . " As construed at the present time this ex- ception completely frustrates ...
... except when such trust has , in good faith , been created by , or the fund so held in trust has proceeded from , some person other than the defendant himself . " As construed at the present time this ex- ception completely frustrates ...
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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 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 happen 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 Professor Gray Prop quit claim deed reaches twenty-five real estate Real Property remainder in fee remote restraint on alienation result Rule against Perpetuities rule in Shelley's semble settlor shifting future interests shifting interests springing interest statutory supreme court surviving take effect taker tenant terest termination testator's death tingent tion trespass trust valid vested remainder void wife
Popular passages
Page 168 - 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 349 - 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 168 - ... 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 133 - 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 102 - 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 389 - ... in action due to him, or held in trust for him, and to prevent the transfer of any such property, money or...
Page 288 - ... 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 171 - 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 349 - 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 351 - 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.