The Weekly Jurist Volume 4

The Weekly Jurist Volume 4

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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. 1878 edition. Excerpt: ...not now decide, though I have personally a strong impression that it would. _ The demurrer is overruled. Judge Dillon concurs. Supreme Cowl of Indiana. EDWARD KING 12. SAMPSON REA et al. Fnom MARION SUPERIOR Coonr. Rule in Shellg's case--E'states ta1'-l--Words of purchase, and of limitation.A deed conveying lands to a grantee for the term of her natural life and in remainder to the issue of her body and their heirs and assigns forever. conveys to the grantee the fee simple of said lands with full power to alienate. Such a deed falls within the "rule in Shell;/'s case," which is one of the laws of property in Indiana, in cases where the inheritance and the remainder constitute the same estate. The words "issue of her body" are words of limitation and not of purchase. Iaes for construing wills and trust deeds inapplicable to deeds of conveyance.----In construing wills, the intention of the testator is the sole guide, the intention of the devisee is not to be considered, he having no right to make terms with the testator; but not so with a deed, each party has a right to settle its terms and in its construction the intention of both parties must be considered. Therefore the distinction between words of purchase and words of limitation must be preserved. There is also a distinction between trust deeds and deeds of conveyance. In trust deeds, words of express trust govern words in the habendum. Deed to "R and her children and their heirs"--Construction.--A 'deed conveying lands to "R. and her children and their heirs and assigns forever," is simply a deed between the vendor and the vendees who are capable of taking. The title vests jointly in R. and in her children then in esse, more

Product details

  • Paperback | 290 pages
  • 189 x 246 x 15mm | 522g
  • United States
  • English
  • black & white illustrations
  • 1236990404
  • 9781236990402