Restraints On the Alienation of Property
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Ide, and yet that case cites no other authority.
§ 69. The doctrine next appears four years later, in New York, in Joxhson v. Bull, 10 Johns. 19. There land was devised to A. and his heirs, but in case A. died without issue the property he died possessed of was to go to B. The Supreme Court of New York, following Ide V. Ide, and professing to rest on Attorney -General v.
Hall, held, in a per curiam opinion, that the gift over was void. They said, " A valid executory devise of real or personal e...state cannot be defeated at the will and pleasure of the first taker. This is a settled principle." And therefore, as the first taker could by conveyance defeat the devise over, such devise over was invalid.
There was undoubtedly an objection to this devise over, as it made the gift over depend on the mode of aliena- tion; but the notion that an executory devise could not be made dependent on an act of the first taker was a singular fallacy. When the books and judges had said that the first taker could not defeat an executory devise, what they meant was that no act of the first taker could prevent the contingent event designated from being followed by the vesting of the executory devise ; but they never meant that the executory devise was bad because the happening of the contingent event itself was in the control of the first taker.
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You can find similar books in the "Read Also" column, or choose other free books by Gray, John Chipman, 1839-1915 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Ide, and yet that case cites no other authority.
§ 69. The doctrine next appears four years later, in New York, in Joxhson v. Bull, 10 Johns. 19. There land was devised to A. and his heirs, but in case A. died without issue the property he died possessed of was to go to B. The Supreme Court of New York, following Ide V. Ide, and professing to rest on Attorney -General v.
Hall, held, in a per curiam opinion, that the gift over was void. They said, " A valid executory devise of real or personal e...state cannot be defeated at the will and pleasure of the first taker. This is a settled principle." And therefore, as the first taker could by conveyance defeat the devise over, such devise over was invalid.
There was undoubtedly an objection to this devise over, as it made the gift over depend on the mode of aliena- tion; but the notion that an executory devise could not be made dependent on an act of the first taker was a singular fallacy. When the books and judges had said that the first taker could not defeat an executory devise, what they meant was that no act of the first taker could prevent the contingent event designated from being followed by the vesting of the executory devise ; but they never meant that the executory devise was bad because the happening of the contingent event itself was in the control of the first taker.
What to read after Restraints On the Alienation of Property?
You can find similar books in the "Read Also" column, or choose other free books by Gray, John Chipman, 1839-1915 to read onlineMoreLess
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