Commentaries on American Law, Volume 4Little, Brown,, 1873 - Law |
Contents
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Common terms and phrases
alienation ancestor appointment assignment chancery chattels Code Comm common law condition contingent remainder convey conveyance court of chancery court of equity covenant created creditor death debt declared decree deed default descendants distinction doctrine dower English law entitled entry equity of redemption estate tail estoppel execution executory devise failure of issue Fearne on Remainders fee simple feoffees feoffment feudal foreclosure grant grantor heirs held husband inheritance intention interest Jackson Johns joint tenants judgment land lease lessee lien limitation Litt Lord Coke Lord Eldon Lord Hardwicke mortgage mortgagor notice Ohio operation Paige particular estate party Penn personal estate possession preceding estate Preston principle provision purchaser real estate redeem remainderman rents and profits resulting trust rule in Shelley's seised seisin sell subsequent supra take effect term tion valid vested remainder void Wend wife words York Revised Statutes
Popular passages
Page 386 - ... part of the personal estate ; and this law relative to descents and dower, shall remain in full force, until altered by the legislature of the district.
Page 483 - Every contract for the leasing for a longer period than one year, .or for the sale of any lands or any interest in lands, shall be void, unless the contract, or some note or memorandum thereof, expressing the consideration, be in writing, and be subscribed by the party by whom the lease or sale is to be made.
Page 490 - And until the governor and judges shall adopt laws as hereinafter mentioned estates in the said territory may be devised or bequeathed by wills in writing signed and sealed by him or her in whom the estate may be, being of full age, and attested by three witnesses, and real estates may be conveyed by lease and release or bargain and sale signed, sealed and delivered by the person being of full age in whom the estate may be and attested by two witnesses...
Page 567 - ... at the foot or end thereof by the testator, or by some other person in his presence and by his direction; and such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses shall attest and shall subscribe the will in the presence of the testator, but no form of attestation shall be necessary.
Page 226 - It is a rule in law, when the ancestor by any gift or conveyance takes an estate of freehold, and in the same gift or conveyance an estate is limited either mediately or immediately to his heirs in fee or in tail; that always in such cases, 'the heirs' are words of limitation of the estate, and not words of purchase.
Page 212 - ... a contingent remainder in fee may be created on a prior remainder in fee, to take effect in the event that the persons to whom the first remainder is limited, die under the age of twenty-one years, or on any other contingency by which the estate of such persons may be determined before they attain full age.
Page 96 - An agreement for the leasing for a longer period than one year, or for the sale of real property, or of an interest therein ; and such agreement, if made by an agent of the party sought to be charged...
Page 412 - If there be no issue, nor husband, nor wife, nor father, then in equal shares to the brothers and sisters of the intestate, and to the children of any deceased brother or sister, by right of representation...
Page 290 - The absolute power of alienation shall not be suspended by any limitation or condition whatever, for a longer period than during the continuance of not more than two lives in being at the creation of the estate, except in the single case mentioned in the next section.
Page 588 - We may lay it down as an incontrovertible rule that, where an estate is given to a person generally or indefinitely with a power of disposition...