An Elementary Treatise on Estates; With Preliminary Observations on the Quality of Estates Volume 2

An Elementary Treatise on Estates; With Preliminary Observations on the Quality of Estates Volume 2

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1827 edition. Excerpt: ...prominent feature in this will; having afforded to the Master of the Rolls occasion for the observation, "Why should he mention his James's heirs, unless he conceived he had given the estate to James and his heirs." From the same case, it may be inferred, that a fee may be implied, because, in one event, the devisee is to have money as the produce of the land, while, in another event, the devisee is to have the knd under a gift to him, simply without any words of limitation. Also, in Casterton v. Sutherland (d), the testator devised all his freehold lands, &c. in Chelsea, or elsewhere, to his wife Lucy, for her life; and from and after her decease, to his children, in the following manner: " Unto and amongst all and every our children, in such manner, and in such proportions, as my said (c) 3 Ves. & Bea. 160. (d) p Vet. 445. wife shall, either in her life-time, or by her last will and testament, direct and appoint." He empowered his wife to sell the estates, and to lay out the money, and receive the interest for her life; and after her decease, he directed and appointed the same, both principal and interest, to be paid and applied " to and among our children, in such proportions as aforesaid;" and it was decided, that the children had the fee. The Master of the Rolls, Sir William Grant, observing, " That though in the devise of the lands, in the first part of the will, there were no words of inheritance, yet, in the subsequent part, the testator, giving his wife power to sell the estate, and appointing die money, both principal and interest, among the children, as the testator could not be supposed to intend to give them a larger interest in that part than in the former, they took several more

Product details

  • Paperback | 128 pages
  • 189 x 246 x 7mm | 240g
  • United States
  • English
  • black & white illustrations
  • 1236988922
  • 9781236988928