A Practical Treatise on the Law of Perpetuity: Or, Remoteness in Limitations of Estates: as Applicable to the Various Modes of Settlement of Property, Real and Personal, and in Its Bearing on the Different Modifications of Ownership in Such Property

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Saunders and Benning, 1843 - Perpetuities - 746 pages
 

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Contents

Exteiision of this power to tenants in capite and substi
14
But tenant for life may be debarred from joining with
23
CHAPTER II
27
Probability of this enactment proving unwelcome to
30
CHAPTER III
36
Of the destruction of entails by fine
38
Gladly adopted as a means of removing the grievances
44
Right to execute new disentailing assurances equally
48
Conveyances to Uses not abolished by the Statute
54
The seisin out of which these various limitations of Uses
61
Observations upon Boddington t Abernethy
67
Limitation to A and his heirs and if he die under
73
Principle of construction on which the doctrine of Execu
87
Of Executory bequests of chattels personal
94
Fellis p Read
98
Formerly ruled that when such chattels were given
99
Uses limiting a fee after or upon a previous fee
102
CHAPTER IX
105
Limitation in futuro after death of a person without issue
109
Instances of these 186
140
Case of Pells v Brown
141
Case of Stephens v Stephens
147
Rarity of authorities upon remoteness of limitations by
153
Same case sub nom Cadell v Palmer in Dom Proc 159
161
This analogy unsustainable
167
Rule requires a limitation to be such as will necessarily
170
Consideration of effect of statute 1 Vict c 26 post
175
Estatetail raised by implication under devise on failure
182
And no estatetail can he raised by implication from them
187
Cases of Porter v Bradley and Roe d Sheers v JefFery
193
But not in deeds
196
Fenner and Dunk 200 210 237
200
Case of Doe d Cape v Walker
203
Charge of money of less importance in reference to gifts
210
MTtether the effect of the construction is to restrain failure
216
Case oChadock v Cowley
219
And in wills words leaving children also refer to
224
Objects of future gift must be in esse at creation of limita
225
But no restrictive construction arises from association
230
Case of Walter v Drew
236
As between prior express and implied restriction of failure
242
But rule will not apply if first failure restricted on ground
243
Accidental that the authorities are confined to instances
249
Nature and operation of such devises
253
Observations on Bankes v Holme and Egerton v Jones
262
Lord Cokes illustrations of this rule
268
Recent cases bearing upon the doctrine
270
Mr Preston confirmation of the rule
276
Limitationover after prior gift to eldest son in fee
284
Subdivision IV
291
Chief result of new rule to remove objection of remoteness
297
Contingency of a persons death without heirs open to
309
Limitations to bastards and denizens and their heirs
315
And no difference between cases where an estatetail would
320
Andree p Ward
322
Word leaving authorizes this construction
326
Expressions and circumstances of restrictive force as
330
Bequest of chattels to survivors of a class of persons
337
Circumstance of intention to restrict first taker to
355
Adverbs then and when insufficient
362
No exception analogous to that of devise of reversion
367
Subdivision III
373
The circumstance of contingent remainders being destruc
416
Remainder expectant on a particularestate for life toper
422
Doctrine presumes an intention to create a succession
430
Case of Monkhouse v Monkhouse considered as to this
436
Construction of cypres not applied to limitations in deeds
440
Observations upon Goodtitle d Cross v Woodhull
448
CHAPTER XVII
455
Same rules applicable to limitations to other classes
461
bequest to persons
470
Limitations of rents to persons from time to time in posses
476
r Cordwainers
480
Powers the object of which is to create a perpetuity void
485
Appointment to child of child unborn at time
492
When Power confined to persons within prescribed limits
498
Necessary that valid and remote contingencies should
506
CHAPTER XXII
511
These rules not departed from because consequence
517
Badger p Lloyd 253
519
Case of Jones v Say and Seal 530
530
QUENT DIVESTING GIFTS
531
Doctrine obtains notwithstanding ordinary rule in favor
540
SALE EXCHANGE PARTITION LEASING AND
541
Questionable arguments sometimes urged for validity
547
Powers not extended to representatives of donee if living
554
Powers of sale in mortgages not open to any objection
560
Powers declared on limitations in strict settlement though
562
General observations as to unlimited special Powers
569
Bainbridge and Bruce 351 353
576
Case of Bankes v Le Despencer 676
579
Words as far as rules of law and equity will permit
585
CHAPTER XXVIII
592
Case of Curtis v Lukin Griffith v Blunt 596
596
The extent to which the possession is accelerated in
600
Nature of this doctrine and its present weight
602
No rule of Common law rendering unnecessary provi
608
Implied conditions
615
CHAPTER XXX
622
The questioti whether a devise in fee for payment
632
Inclination of Courts probably favorable to limitations
638
If trust of accumulation merely engrafted on limitations
643
Case of Ibbetson v Ibbetson
649
Remoteness in a limitation in reference to the objects of it
659
Illustration of doctrine that limitations after estatestail
665
If expiration of leases properly restricted no objection
666
Devises of reversions expectant on estatestail 253
668
Limitations of interests of confined duration
673
The authorities not uniform upon the point
675
Barnardine and Newton 183
677
Allowed under license from the Crown
688
Advowsons legally recognized as subjects of commercial
702
Fonereau anil Doe 117
703
But general result decidedly unfavorable to charitable
707
Special exemptions from rigor of laws against grants
708
Provisions of 34 35 Hen 8 not allowed to be fraudu
714
They permit at present day the strictest unharrable entail
718
Extract from the third Report of the Commis
i
Opinions upon the question whether the word
xxix
Extract from an opinion relative to a cove
xxxv
Superiority of English real property system to that pre
1
Limitations on failure of heirs or heirs of the body
5
Legislative settlements of estates in favor of families
8

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