A Treatise of Common Recoveries Their Nature And Use to Which is Added the C
A Treatise of Common Recoveries Their Nature And Use to Which is Added the C
Nathaniel Pigott
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So if Lands are devifed to A, and his Heirs, as long as B, has Heirs of his Body, Remainder over, and A, fuJfFers a Com- mon Recovery, this does not bar the Remainder, for it is an Executory De- vife, and it is not feen in Law till it appears, and has no Dependance on the fir 11 Eftate. Sid. 202, i Mod. 1 1 1. A Man by his Laft Will devifes to /^u.^^^^f' > ^ jf, B, for ninety-nine Years, if he fo long lives, Remainder to the firft and other Sons of J. B. In Tail Male, Re- mainder to J, W. For n...inety-nine Years, if he live fo long, Remainder to his S, firft 130 % XtttitiU of Common 3aecoi)eries* firft and other Sons in Tail Male, Re- mainder to the Heirs Male of the Body of Elii^abeth Long, Remainder to his right Heirs. And Sir Edward Nortbey was oF Opinion that the Remainder to the firft Son of J. B. Was an Executory Device, but it feems this cannot be conftrued an Executory Devife, becaufe all Executory Devifes are raifed by Gonftruflion of Law, which makes the fecond Devife precede the firft, to fupport the Teftator's Intentions (as in Manning's Cafe).
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