The Law Library Volume 42

The Law Library Volume 42

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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. 1843 edition. Excerpt: ...though it was sufficient to cause a merger of the term for years. Besides, when the estate of freehold, limited in conjoint expression, with the term for years, is 'an estate pour autre vie, and limited to the heirs, as special occupants, then on the death of the tenant for life, the estate of freehold will devolve to the heirs, and the estate for years will vest in the executors. Accordingly, in Mordant v. Vatts, (q) it is said, ifl grant an annuity for life, and twenty years after, these are several grants, and the executors shall have it after the death ofthe tenant for life. By several grants, it must be understood, that the instrument gives several and distinct estates, in the same manner as if two estates were limited by divided clauses. In the principal case before the court, the grant was to A. 81 his heirs and executors for the life of anotlierperson, and 1 for half a year after; and the court said, if the grantee had died, his heir should have had the rent during the-life of the stranger, because, it was payable to him, his heirs, and executors; but neither of these points was material to the judgment. The question debated and decided, related to the times of payment, in consequence of thedeath of the cestui que vie in the lifetime of thcgrantee; Cranmer's casc(r) must receive attention, since if it be law, heirs eo rromine took the term by purchase.. _. The opinion expressed on the points now under consideration is entitled to attention. No other authorities, either for the affirmative or the negative of the proposition, have occurred. The expressions, therefore, in Mordant v. Watts, are most likely to be resorted to, and Weighed, whenever the question shall be litigated. But it is probable, that the opinion more

Product details

  • Paperback | 236 pages
  • 189 x 246 x 13mm | 426g
  • United States
  • English
  • black & white illustrations
  • 123678328X
  • 9781236783288