Readings in the Law of Real Property An Elementary Span Classsearchtermsp
Readings in the Law of Real Property An Elementary Span Classsearchtermsp
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For life, and after the lapse of a day after his death to B. For life or in fee, the limitation to B. Is not a remainder, because it does not commence in possession immediately on the deter- mination of the particular estate ; it is a limitation of a free- hold estate to commence in futuro, which in a common law conveyance is void, and the reversion of A. 's estate remains in the grantor.
Also a limitation which is to take effect in defeasance of a preceding estate, without waiting for the regu...lar deter- mination of that estate according to the terms of its limita- tion, is not a remainder; and such a limitation is void at common law. But the preceding particular estate may be made determinable by a conditional limitation, and the estate limited to take effect in possession immediately upon its determination, whether that happen under the conditional limitation or by the expiration of the full term of limita- tion, is a remainder.
The particular estate and the remainder must be created at the same time by one conveyance or instrument ; for if the particular estate be first created, leaving the reversion in the grantor, any subsequent disposition can be effected only by grant or assignment of the reversion ; which is not thereby changed into a remainder, but still retains its char- 33 2 READINGS IN THE LAW OF REAL PROPERTY.
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To quickly assess the difficulty of the text, read a short excerpt:
For life, and after the lapse of a day after his death to B. For life or in fee, the limitation to B. Is not a remainder, because it does not commence in possession immediately on the deter- mination of the particular estate ; it is a limitation of a free- hold estate to commence in futuro, which in a common law conveyance is void, and the reversion of A. 's estate remains in the grantor.
Also a limitation which is to take effect in defeasance of a preceding estate, without waiting for the regu...lar deter- mination of that estate according to the terms of its limita- tion, is not a remainder; and such a limitation is void at common law. But the preceding particular estate may be made determinable by a conditional limitation, and the estate limited to take effect in possession immediately upon its determination, whether that happen under the conditional limitation or by the expiration of the full term of limita- tion, is a remainder.
The particular estate and the remainder must be created at the same time by one conveyance or instrument ; for if the particular estate be first created, leaving the reversion in the grantor, any subsequent disposition can be effected only by grant or assignment of the reversion ; which is not thereby changed into a remainder, but still retains its char- 33 2 READINGS IN THE LAW OF REAL PROPERTY.
What to read after Readings in the Law of Real Property An Elementary Span Classsearchtermsp?
You can find similar books in the "Read Also" column, or choose other free books by Ties20for20studentsbookmark to read onlineMoreLess
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