An Essay On the Learning of Contingent Remainders And Executory Devises
An Essay On the Learning of Contingent Remainders And Executory Devises
Charles Fearne
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Earl mon law. It is only an indulgence allowed to a man's last ^^'^""^^"^-^ 9f will and testament, where otherwise the words of the will /^y y. Max'eii would be void; for wherever a future interest is so Umited 12 East, 589. by devise, as to fall within the rules above laid down for ^°4- P^^i^^^ps the hmitation of contingent remainders ; such an interest i MauleSr is not an executory devise, but a contingent remainder. Selvoyn, 744. Et vide Carth. 310. Reeve v. Long, 4 Mod, 258. As where a test...ator devised to his wife for life, and to 4 Mod. 284. her son after the death of his mother, if she should have Purefoy t>. a son, and if he should die within age, then to the rieht '^^S^'"^' „ 1- • i- xi 1 • . 1 . , - 1- 1 • 1 . , . 3 Saund. 380. heirs ot the devisor; the testator died without issue, his Supra, p. 3i7. wife married again, then the heir of the devisor by fine conveyed the reversion to the husband and wife, who had afterwards a son born ; it was adjudged, that the estate And vide limited to that son should not enure by way of executory sVezey, sen.
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