An Epitome of the Law of Corporeal Heriditaments and Conveyancing

An Epitome of the Law of Corporeal Heriditaments and Conveyancing

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1875 edition. Excerpt: ...The latter claimed to hold them free from the lease to the annuitant, which he could, of course, do if Lord Bolingbroke's revocation of the use to himself for life was effectual. But the Court of Chancery held that the power of revocation was suspended, so far as regarded the estate of the tenant for life, since otherwise he would have been able, by the exercise of his power, to commit a gross fraud in taking away the security for the annuity.2 The extinguishment of powers not simply collateral Extinguishmay occur in the case of either those which are ap-powers, pendant, or those which are in gross. It occurs with powers of the first kind where the donee of the power parts with all his interest in the property subject to his power. For the very definition of an appendant power points to this. Suppose, for instance, that a tenant for life has power to make leases to take effect 1 Goodright v. Cator, 2 Doug. 477. 2 And see Bringloe v. Goodaon, 4 Bing. N. C. 725; Hurst v. Hurst, 16 Beav. 372 in possession. If he assigns the whole of his interest to another person, it is clear that any subsequent lease of that property made by him could not take effect out of his interest in the property, since he no longer has any. His power of making leases is, therefore, extinguished. But the rule will not apply where he does not entirely part with his interest in the property; as if he conveys it to trustees, but on trust to hold it for himself, subject to payments, out of the profits of it, to other people.1 Cases in which a power in gross is extinguished do not often happen. For since no estates created by the donee of such a power can affect his own interest, he cannot, by the exercise of the power, prejudice any person to whom he may have transferred more

Product details

  • Paperback | 156 pages
  • 189 x 246 x 8mm | 290g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236488881
  • 9781236488886