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 136

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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: ...of the Court is, What interest (if any) the lessors of the plaintiff, the children of John Roake, or any of them, take under Sarah Trymmer's will? and whether the fine or recovery has barred their title 'P I think this case concluded by Bromfield v. Crozvdcr, -+ which was very fully considered. That was a devise in remainder of all the testator's estate to J. D. Bromfield, if the said J. D. B. should live to attain the age 'of twenty-one, but in case J. D. B. died under twenty-one, and C. Bromfield should survive him, then over: and it was resolved that J. D. Bromfield took avested estate determinable upon the contingency of his dying under twenty-one. After that decision came the case of Doe v. Moore, 'r which was an immediate devise of the testator's real estate in fee to J. Moore, when he attained the age of twenty-one, but in case he died before twenty-one, then to his brother, &c.: and there it was held that J. Moore took a vested estate. So that it appears whether the devise be in remainder or an immediate devise, there is no substantial distinction. Here the words of the devise, after the decease of J. Roake, are to and among his children equally at the age of twenty-one, but if only one child shall live to attain such age, to such child at the age of twenty-one; and in case J. Boake shall die without issue, or such issue shall die before twenty-one, then over. I see nothing in this devise to distinguish it from the above cases. The consequence is that the children must be considered as taking vested remainders. Per Cuniur: Postea to the plaintifil Another ejectment upon the same title had been brought in a case of Doe v. Randall, and the judgment which was given without argument following more

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  • Paperback | 324 pages
  • 189 x 246 x 17mm | 581g
  • United States
  • English
  • black & white illustrations
  • 123697980X
  • 9781236979803