Challiss Law of Real Property Chiefly in Relation to Conveyancing
Challiss Law of Real Property Chiefly in Relation to Conveyancing
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169, 170. But in a certain sense, all common law fees are equal ; in that the grant of a modified common law fee exhausts the whole estate of the grantor, even though seised in fee simple absolute. See Lord Coke on Litt. Sect. 11. But his language implies that there is some distinction between them, in point, as he styles it, of " perdurablenesse. " 222 THE NATURE AND QUANTUM OF ESTATES.
Cases of of f im^Hed limitation.
to be founded upon a mistake ; the authorities cited by Hargrave referring ...only to limitations contained in wills. (2 Prest. Est. 9. )* In the limitation of a fee simple, the word heirs always bears its general meaning, when standing alone and unqualified by words to restrict it to heirs of the body. Its significance is not liable to be restricted to any particular class of heirs, by reason merely of the fact that, under the special circumstances of the case, only a particular class of heirs is capable of an actual inheritance by virtue of its use.
A limitation to a bastard and his heirs gives a fee simple, not a modified fee ; although only the heirs of his body are, under the circumstances, capable of inheriting.
What to read after Challiss Law of Real Property Chiefly in Relation to Conveyancing?
You can find similar books in the "Read Also" column, or choose other free books by Henry W Henry William Challis to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
169, 170. But in a certain sense, all common law fees are equal ; in that the grant of a modified common law fee exhausts the whole estate of the grantor, even though seised in fee simple absolute. See Lord Coke on Litt. Sect. 11. But his language implies that there is some distinction between them, in point, as he styles it, of " perdurablenesse. " 222 THE NATURE AND QUANTUM OF ESTATES.
Cases of of f im^Hed limitation.
to be founded upon a mistake ; the authorities cited by Hargrave referring ...only to limitations contained in wills. (2 Prest. Est. 9. )* In the limitation of a fee simple, the word heirs always bears its general meaning, when standing alone and unqualified by words to restrict it to heirs of the body. Its significance is not liable to be restricted to any particular class of heirs, by reason merely of the fact that, under the special circumstances of the case, only a particular class of heirs is capable of an actual inheritance by virtue of its use.
A limitation to a bastard and his heirs gives a fee simple, not a modified fee ; although only the heirs of his body are, under the circumstances, capable of inheriting.
What to read after Challiss Law of Real Property Chiefly in Relation to Conveyancing?
You can find similar books in the "Read Also" column, or choose other free books by Henry W Henry William Challis to read onlineMoreLess
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