The Revised Reports; Being a Republication of Such Cases in the English Courts of Common Law and Equity

The Revised Reports; Being a Republication of Such Cases in the English Courts of Common Law and Equity : From the Year 1785, as Are Still of Practical Utility Volume 77

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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. 1905 edition. Excerpt: ... doubted, but that she might have had given her a fee simple conditional to convey it to any of the sons of the devisor; and if she did not, that the heir might enter for the condition broken; which estate Jones thought the devise gave, if it did not give a life estate, with a power of disposing of the reversion among the sons. And according to Latch, 37, Doddcridgc said, " he conceived she had the fee, with condition, that if she did alien, that then she should alien to one of her children: " and concluded his argument on this point by saying, that " her estate 'was a fee with a liberty to alienate it if she would, but with a condition that if she did alienate, then she should alienate to one of her sons." And in Dalison's Reports, 58, there is a case to this effect: --" A devise to a wife to dispose and employ the land on herself and her sons at her will and pleasure: " and Dier and Walsh held she had a fee simple, but that it was conditional, and that she could not give it to a stranger; but that she might hold it herself, or give it to one of her sons. These cases shew that the devise in question D0! d-GILL may operate as a devise on condition; for the breach of which in levying a fine to the uses within stated the heirs at law of the devisor will be entitled to enter, and the plaintilf, as one of them, will be entitled to one-fourth part of the moieties whereof such fine was levied, if the residuary clause do not operate as a devise over on non-performance of the condition. And we think that the residuary clause cannot be considered as a devise over; for it does not seem to have been at all in the contemplation of the devisor to make a devise over of the share of each daughter on the breach of...
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Product details

  • Paperback | 330 pages
  • 189 x 246 x 18mm | 590g
  • United States
  • English
  • black & white illustrations
  • 1236767721
  • 9781236767721