Introduction to American Law; Designed as a First Book for Students
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. 1905 edition. Excerpt: ...bad their origin in the English fondness for family settlements. It is not uncommon to find in such settlements eight or ten remainders limited, one after the other, in order to prevent the possibility of the estate passing out of the family of the grantor. Fortunately the spirit of our institutions is utterly opposed to these entangled and cumbrous arrangements; and accordingly our books contain few discussions on the subject, for in this country the statutes against perpetuities to be noticed presently, and the general disposition of our citizens to keep property as little trammelled as possible discourage remainders. On this account, I shall attempt no more than to give a very general statement of the leading properties belonging to remainders. To whom Remainders may be limited. 1. In Ohio there is a statutory restriction, that "no estate shall be given or granted by deed or will to any persons but such as are in being, or to the immediate issue or descendants of such as are in being at the time of making such deed or will." (a) There is some ambiguity in these words. Had the statute said only "immediate issue," we should not hesitate to say that estates could only be limited to persons in being or their children. But the addition of the word "descendants " means such as would take as heirs. (6) 2. Another restriction grows out of the rule in Shelley's case, (c) (a) R. S. of Ohio, 4200. N. B. Oar statute forbids perpetuities in lands and tenements in this State, and does not cover personal property. That the rule against perpetuities does not apply to charitable trusts, see Jones v. Haberaham, 107 U. S. 174. A child en ventre is considered as in being. Foetal existence is within the statute. Phillips v....
- Paperback | 402 pages
- 189 x 246 x 21mm | 717g
- 04 Jul 2012
- Miami Fl, United States
- Illustrations, black and white