Law Library Volume 21

Law Library Volume 21

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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. 1838 edition. Excerpt: ...a longer period than the vesting, but as this was much pressed in argument by the learned counsel who supported the validity of the limitation in Beard v. Westcott and Bengough v. Edridge, it will be unnecessary to enlarge upon it. Without presuming to anticipate what will be the eventual decision of this great question in the case now pending, the editor has ventured to suggest the preceding remarks, in the utmost confidence that the question will receive from those, by whom it will be adjudged, in its various stages to the ultimate tribunal, that consideration to which its importance and its difficulty eminently entitle it. We now proceed to observe, that to the rule just discussed, whatever may be decided to be its limits, all dispositions of real estate, whether for legal or equitable interests, and whether by way of remainder or executory devise, as well as all limitations of personalty, must conform. It is clear, too, that where a devise is void for remoteness, all limitations ulterior to or expectant on such remote devise, are also void, though the object of it never come into existence. P Thus, where there was a devise to the first or other son, of Thomas Proctor, that should be bred a clergyman, and be in holy orders, and to his heirs and assigns; but if the said T. P. should have no such son, then to T. M., his heirs and assigns. T. P. died without ever having had any son. As by the canons of the church no person can be admitted into deacon's orders before the age of twenty-three, or be ordained priest before twenty-four, it was clear that this qualification postponed the devisee's interest until he attained the age of twenty-three at the least. The Court of C. P., therefore held the first devise to be void for..
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Product details

  • Paperback | 318 pages
  • 189 x 246 x 17mm | 572g
  • United States
  • English
  • black & white illustrations
  • 1236769406
  • 9781236769404