Juridical Arguments and Collections Volume 1

Juridical Arguments and Collections Volume 1

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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. 1797 edition. Excerpt: ...an appearance of consideration, but no substance, no reality. I agree, that without the son's consent no charge could have been let in on the settled estates by the father to the prejudice of the son's remainder in tail. I agree also, that to.let in such a charge for the benefit of the father was a considera tion for compensating the son liberally out of all or some of those, funds which belonged to the father j namely, in the settled property, out of his estate for life, out of his right of cutting, timber and committing any other waste, and out of his reversion in fee in them, subject to his son's appointment in case of surviving the father and expectant on the son's remainder in tail male; and in the unsettled property, out of the father's fee simple and entire dominion. But the fault of the consideration from the son is, that it essentially fails in this very point of the father s benefit; for though, under the arrangement I have described, the debts are let in upon the inheritance of the estates both.fettled and unsettled; yet it is under such an arrangement, as to render it wholly immaterial to the father, out of which of those funds the debts are paid. In effect the arrangement takes from thefather both estates j subject, whilst any part of debts shall remain, to such a maintenance for his life, as the trustees mall think fit to spare out of the yearly rents and profits; and when all the debts mall be paid, subject aster paying 1ooo. a year to the son, to a life estate in the father. With a reserve of this provision during his life, the benefit of which the trustees by the sinking fund operation may wholly frustrate, all is absolutely taken from him. If the son survives the sather, all is the son's. If the father sorvives the son, all...
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Product details

  • Paperback | 206 pages
  • 189 x 246 x 11mm | 376g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236648749
  • 9781236648747