Foreign And Domestic Law: a Concise Treatise On Private International ...
Foreign And Domestic Law: a Concise Treatise On Private International ...
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c) 12 CL & F. I ; Wallace v. Attomefj General, U R. i Ch. 1.
tl Digitized by Google IMMOVABLE PROPERTY. l8l iJarh€ry^{d) where it was held that the validity of a testa- Pakt IT.
mentary disposition of an English leasehold was governed ^^™t*- by the law of England, and not by that of the testator's Cap. vi.
domicil. In that case a testator domiciled in Ireland (to 'which the Thellusson Act does not extend) devised an English leasehold to trustees upon trust to sell and hold the proceeds upon cer...tain trusts for accumulation invalid by the Thellusson Act ; and it was held that these trusts were invalid so far as regarded the English leasehold, though valid as to the personal estate, which was to be regulated by the law of his domicil. It was contended that the English law regarded leasehold property as per- sonal estate, and therefore remitted all questions concern- ing it to the decision of the law of the testator's domicil ; but Lord Selbome pointed out that this principle, expressed in the Roman maxim '* mobUia seguuntur pei^sonam^'' referred to movable property only, as distinguished from immovable ; and that although for some purposes the English law regarded leaseholds as chattels, yet land, whether held for a chattel interest or held for a freehold interest, is, as a matter of fact, immovable and not movable.
What to read after Foreign And Domestic Law: a Concise Treatise On Private International ...?
You can find similar books in the "Read Also" column, or choose other free books by John Alderson Foote to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
c) 12 CL & F. I ; Wallace v. Attomefj General, U R. i Ch. 1.
tl Digitized by Google IMMOVABLE PROPERTY. l8l iJarh€ry^{d) where it was held that the validity of a testa- Pakt IT.
mentary disposition of an English leasehold was governed ^^™t*- by the law of England, and not by that of the testator's Cap. vi.
domicil. In that case a testator domiciled in Ireland (to 'which the Thellusson Act does not extend) devised an English leasehold to trustees upon trust to sell and hold the proceeds upon cer...tain trusts for accumulation invalid by the Thellusson Act ; and it was held that these trusts were invalid so far as regarded the English leasehold, though valid as to the personal estate, which was to be regulated by the law of his domicil. It was contended that the English law regarded leasehold property as per- sonal estate, and therefore remitted all questions concern- ing it to the decision of the law of the testator's domicil ; but Lord Selbome pointed out that this principle, expressed in the Roman maxim '* mobUia seguuntur pei^sonam^'' referred to movable property only, as distinguished from immovable ; and that although for some purposes the English law regarded leaseholds as chattels, yet land, whether held for a chattel interest or held for a freehold interest, is, as a matter of fact, immovable and not movable.
What to read after Foreign And Domestic Law: a Concise Treatise On Private International ...?
You can find similar books in the "Read Also" column, or choose other free books by John Alderson Foote to read onlineMoreLess
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