The New Zealand Jurist Reports Volume 1-2

The New Zealand Jurist Reports Volume 1-2

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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. 1876 edition. Excerpt: ...of Deeds. The principal part of the agreement is contained in the first paragraph, roviding that the lands shall be held in severalty. The agreement as to executing conveyances clearly means only that the parties will execute all couveyances necessary for vesting the land, in the manner contemplated by the first paragraph. It will be observed that the recitals in the agreement say nothing at all of the executory devise, but merely refer to the commencement of the will. So far as the recitals go, it is, I think, clear that they show the intention of the parties to be merely to divide the property, leaving the executory devise untouched. That there should be a partition was in the contemplation of the testator, and also that there should be an executory devise, notwithstandin the partition. Does then tie operative part of the release go beyond the recital, and does it provide for anything more to-be done than would have had to be done if a partition had been efiected by arbitration? All that the agreement says is, that the hereditaments in each schedule shall bethc properties in severalty of the parties, and that mutual conveyances shall be exe. outed for carrying out this intention. Had, however, the partition been b arbitration, the laud allotted to each would have been held in severalty, and mutual conveyances would have been necessary for carrying out the partition, while at the same time the exeeutory devises would have remained. As, therefore, the agreement is merely e uivalent to the division by arbitration, ll see no reason why the executory devises should be in any way afi'ected. The conveyances executed under the agreement would have had to be prepared so as to show the existence of the contingent interest, in the same way as more

Product details

  • Paperback | 676 pages
  • 189 x 246 x 35mm | 1,188g
  • United States
  • English
  • black & white illustrations
  • 1236817176
  • 9781236817174