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 140

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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. 1913 edition. Excerpt: ...this question (and this is the material point upon which the case turns), how far and to what extent, according to the true construction of the language used by the testator, did he intend that the devises should cease and be void? He says, "so far as concerns the rights and interests of the party making default, but not further or otherwise." What did he mean by that? How far did he mean that the devises were to cease and be void? Now, it is to be observed that this clause is to apply to every person succeeding to the possession of the property, whether as tenant for life or as tenant in tail; and if he be a tenant in tail with respect to whom the question is to arise, it is to apply to every tenant in tail whether he takes an estate tail by purchase, or takes an estate tail as issue in tail of some ancestor to whom an estate tail had been limited by purchase. For example, the present petitioner took an estate tail by purchase. He was the eldest son of the tenant for life, to whose first and other sons the estate was limited in tail. If the petitioner died leaving sons, his eldest son would take of course, not by purchase, but he would take as issue in tail by virtue of the estate tail limited to his ancestor, the petitioner, in tail. And, if that eldest son of the petitioner afterwards died without issue male, the second son of the petitioner would also take as issue in tail, not by purchase, but by descent as issue in tail, by virtue of that same estate tail which was limited to his ancestor, the petitioner, by purchase. Did, then, the testator intend that on the happening of either of the specified events, the whole estate tail limited to the person making default, if he took an estate tail by purchase, or, if he took an...show more

Product details

  • Paperback | 394 pages
  • 189 x 246 x 21mm | 703g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 123686462X
  • 9781236864628