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A. As to vested remainders they are frequently called executed; as to contingent, executory.
220. An estate to A for life, remainder to the eldest son of B, who at the time of the grant has no son, is the remainder vested or contingent, and why?
A. Contingent, for the reason that the limitation is to a person who is not in being. It is uncertain if B will have a son.
221. How may a contingent remainder be destroyed ?
A. I. By the destruction of the particular estate before the contingency on which the remainder is to vest happens;
2. By the failure of the happening of the contingency;
3. By the happening of the contingency, when the remainder becomes vested.
222. What is meant by cross-remainders?
A. "Where particular estates are given to two or more in different parcels of land, or in the same land in undivided shares, and the remainders of all the estates are made to vest in the survivor or survivors, the future estates are called cross-remainders.” Tiedeman, Sec. 304.
223. If it is possible to construe a limitation as creating a contingent remainder as well as a vested one, which will it be considered ?
A. It will be considered a vested remainder. Tiffany, P. 289-90.
224. How are remainders always created ?
A. By the express words of the parties as stated in their contracts or deeds.
225. What is the rule against perpetuities?
A. The rule is that no estate can be limited for a longer period than a life or lives in being and twentyone years thereafter whether it be by way of remainder or executory devise. Tiffany, P. 344.
226. What is a power of attorney with regard to the law of real estate?
A. It is an instrument by which one person is constituted agent of another to make a conveyance or do some other act on behalf of his principal.
227. Name some of the chief natural rights of a landowner ?
A. The right to air, the right to natural flow of water courses which may run past his land, the right to have his land supported by adjacent land, and in some jurisdictions the right to discharge water on adjoining land, the right to be free from injury from water artificially collected on another's land. Tiffany, P. 649.
228. What are the remedies for the violation of a natural right?
A. I. Suit at law for damages; 2. An injunction in equity.
229. What is the right of lateral support?
A. It is the right which an owner of land has to have his land supported in its natural state by the adjoining land. Tiffany, P. 668.
230. What is a highway?
A. It is “A right of passage over land which may be made use of by any individual.” Tiffany, P. 806.
231. What is a heriot?
A. It was the result of a Danish custom and was the render of the best beast, or other goods as the custom was, to the lord, on the death of the tenant. Bouvier's Dict., Vol. 2, 1436.
232. What is an estate in coparcenary?
A. This estate arises where lands of inheritance descend from the ancestor or two or more persons, and it arises either by common law or particular custom. Tiedeman, Sec. 180.
233. What is an estate in entirety?
A. This is an estate resulting from a conveyance to a man and wife jointly. “They are not seised of moities but of entireties." Tiedeman, Sec. 181.
234. How is possession of land recovered? A. By the action of ejectment.
235. What is the meaning of the maxim "Once a mortgage always a mortgage"?
A. It refers especially to cases where the parties have agreed on the execution of a mortgage, or subsequently, that the title shall vest absolutely in the mortgagee, if the debt is not paid at the time it becomes due by the terms of the deed.
236. What is the object of that maxim?
A. To prevent the bargaining away of the equity of redemption.
237. What persons may claim as heirs of a deceased intestate?
A. Only those persons who are in some way related to the deceased.
238. How many kinds of relationship are there?
A. It is that relationship which exists between persons descended from a common ancestor, and is commonly spoken of as relationship by blood.
240. How many kinds of consanguinity are there? A. Two, lineal and collateral. 241. Define each? A. Lineal consanguinity is that relationship which
“exists between persons who descend one from the other in the direct or single line of descent," such as father, grand father; or son, grand son.
Collateral consanguinity is relationship which is traced through different lines of descent back to the common ancestor, such as brothers, cousins, nephews, etc. Tiedeman, 473.
242. What is affinity ?
A. It is relationship created by marriage, as distinguished from relationship by blood.
243. What effect has duress on the validity of a deed?
A. A deed obtained by duress is voidable. Tiedeman, Sec. 560.
244. State the canons of descent.
A. I. Inheritances shall lineally descend to the issue of the person who last died actually seised, in infinitum, but shall never lineally ascend.
2. The male issue shall be admitted before the female.
3. When there are two or more males of equal degree the eldest only shall inherit but the females all together.
4. The lineal descendants in infinitum, of any person deceased, shall represent their ancestor; that is,