The Rule in Shelley's Case; As Expounded in Book 29 New Series, Lawyers Reports Annotated

The Rule in Shelley's Case; As Expounded in Book 29 New Series, Lawyers Reports Annotated

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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. 1911 edition. Excerpt: ...devise expressly for life. 9 L.R.A.(.S.) But this was in cases where the intention of the testator was manifest that the estate should not go over until the whole line of his issue was extinct, thus basing the rule upon the supposed intent of the testator.... So far as' the rule confers upon the tenant for life or first taker the power to disappoint the successor, either by alienating the fee or barring the entail, it necessarily. in a great majority ofcases, defeats the intention of the testator. In the cases in which the question has arisen, the testator has not intended that the tenant for life, to whose heirs or the heirs of whose body the remainder is limited, should have power to defeat the succession to them by an alienation to their prejudice." In James's Claim, 1 Dall. 47, 1 L. ed. 31, in holding that where a devise was to one "during the time of his natural life, and if he leaves lawful issue then to such issue, but in case of his dying without issue, or they dying under twenty-one years," over, the first devisee took an estate tail, the court said that probably no more than estate for life was intended, but that the law supervened that intention. There was a second intention manifest in the will which was to be carried into ekecution; that was, that the issue should take in succession, which they could not do without a previous estate of inheritance in the father. The fact that a testator gave only a life estate to the first taker will not affect the operation of the rule. The court says that the rule is an absolute and peremptory obligation, and enlarges the life estate, notwithstanding the intention, into an estate of inheritance, and clothes the tenant for life with the power of defeating the right more

Product details

  • Paperback | 198 pages
  • 189 x 246 x 11mm | 363g
  • United States
  • English
  • black & white illustrations
  • 123696473X
  • 9781236964731