An Essay on the Learning of Contingent Remainders and Executory Devises, 第 2 卷

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Robert H. Small, 1845
 

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第 281 頁 - die without leaving issue," or "have no issue," or any other words which may import either a want or failure of issue of any person in his lifetime or at the time of his death, or an indefinite failure of his issue shall be construed to mean a want or failure of issue in the lifetime or at the...
第 413 頁 - May it therefore please &c., and be it enacted by &c., " that no person or persons shall, after the passing of this act, by any deed or deeds, surrender or surrenders, will, codicil, or otherwise howsoever, settle or dispose of any real or personal property, so and in such manner that the rents, issues, profits or produce thereof shall be wholly or partially accumulated...
第 282 頁 - ... unless a contrary intention shall appear by the will, by reason of such person having a prior estate tail, or of a preceding gift, being, without any implication arising from such words, a limitation of an estate tail to such person or issue, or otherwise...
第 422 頁 - ... profits, and produce of such property so directed to be accumulated, shall, so long as the same shall be directed to be accumulated contrary to the provisions of this Act, go to and be received by such person or persons as would have been entitled thereto if such accumulation had not been directed.
第 413 頁 - ... respective minorities of any person or persons who shall be living, or in venire sa mere at the time of the death of such grantor, devisor or testator, or during the minority or respective minorities only of any person or persons who, under the uses or trusts of the deed...
第 428 頁 - And be it further enacted, that it shall be lawful for every person to devise, bequeath, or dispose of, by his will executed in manner hereinafter required, all real estate and all personal estate which he shall be entitled to, either at law or in equity, at the time of his death...
第 225 頁 - That the general intent should over-rule the particular, is not the most accurate ex[* 57] pression of the * principle of decision. The rule is, that technical words shall have their legal effect, unless, from subsequent inconsistent words, it is very clear that the testator meant otherwise.
第 124 頁 - Yet, though strict words of condition be used in the creation of the estate, if on breach of the condition the estate be limited over to a third person, and does not immediately revert to the grantor or his representatives (as if an estate be granted by A to B, on condition that within two years B intermarry with C, and on failure thereof then to D and his heirs), this the law construes to be a limitation and not a condition...
第 429 頁 - ... the testator may or may not be ascertained as the person or one of the persons in whom the same respectively may become vested, and whether he may be entitled thereto under the instrument by which the same respectively were created or under any disposition thereof by deed or will...
第 421 頁 - Produce so directed to be accumulated ; and in every Case where any Accumulation shall be directed otherwise than as aforesaid, such Direction shall be null and void, and the Rents, Issues, Profits, and Produce of such Property so directed to be accumulated, shall, so long as the same shall be directed to be accumulated contrary to the Provisions of this Act, go to and be received by such Person or Persons as would have been entitled thereto if such Accumulation had not been directed,

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