Harvard Law Review Volume 19

Harvard Law Review Volume 19

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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. 1906 edition. Excerpt: ...Pratt v. _/olznston, 59 N. Y. App. Div. 52. RESTRICTIVE AGREEMENTS as To Use on PROPERTY--CHANGE IN CunnACTER or LOCALITY as Gnouuo FOR Rerusmo INJUNCTION.-The defendant was the owner of land subject to a covenant, limited in duration to twenty-five years, that there would not be built upon it "any tenement, apartment or community house." After nineteen years the neighborhood had ceased to be desirable for private residences, so that the enforcement of the covenant would cause great hardship to the defendant without benefit to the plaintiff's property. Held, that equity will not enjoin a threatened breach. McCl14re v. Leayerafl, I83 N. Y. 36. The decision of the lower court, which is here reversed, was commented upon in I8 I-IARV. L. Rev. 472. RULE AGAINST PERPETUITIES--CY-PRES DOCTRlNE.----The testator devised his freehold estate to A for life, remainder to A's eldest son for life, remainder' to the first and other sons of A's eldest son in tail male successively, remainder to the other sons of A successively subject to the same limitations, remainder to the daughters of the first and other sons of A successively in tail as tenants in common, remainder to the daughters of A in tail as tenants in common, remainder to A, his heirs and assigns, forever. A died without ever having had issue. As the devises to the sons of A's sons were void for remoteness, the executors proposed to substitute the following limitations in order to efiectuate the testator's intent; to A for life, remainder to A's sons successively in tail male; if on the determination of prior estates there shall be a failure of issue of the sons of A other than daughters or issue of daughters, then to A's sons successively...show more

Product details

  • Paperback | 358 pages
  • 189 x 246 x 19mm | 640g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236920562
  • 9781236920560