Seaborne's Vendors And Purchasers: Being a Concise Manual of the Law Relating to Vendors And ...
Seaborne's Vendors And Purchasers: Being a Concise Manual of the Law Relating to Vendors And ...
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admitted (b). But since the Conveyancing Act, 1881 (c), trust and mortgage estates in freehold property devolve and become vested in the legal personal representatives of the trustee or mortgagee, notwithstanding any testamentary disposition to the contrary. Where real estate is devised without words of limitation, such devise will be construed to pass the whole estate or interest which the testator had power to dispose of by will, unless a contrary intention appears (d).
Devise to Trustees. — ...The estate taken by trustees under a devise to them in a will is regulated by ss. 30 and 31 of the Wills Act. The construction of these sections presents considerable difficulty, and it is believed that they were originally drafted as alternative provisions (e). The general rule is that the trustees take the whole fee simple — (1) where there is a clear intention to vest it in them, as, e.g., a devise unto and to the use of the trustees and their heirs ; and (2) where a fee simple is required in order to carry out the trusts of the will, e.g., a trust to sell, lease, or mortgage, or to do or perform any other act which requires complete control of the property.
What to read after Seaborne's Vendors And Purchasers: Being a Concise Manual of the Law Relating to Vendors And ...?
You can find similar books in the "Read Also" column, or choose other free books by Henry Seaborne, William Arnold Jolly to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
admitted (b). But since the Conveyancing Act, 1881 (c), trust and mortgage estates in freehold property devolve and become vested in the legal personal representatives of the trustee or mortgagee, notwithstanding any testamentary disposition to the contrary. Where real estate is devised without words of limitation, such devise will be construed to pass the whole estate or interest which the testator had power to dispose of by will, unless a contrary intention appears (d).
Devise to Trustees. — ...The estate taken by trustees under a devise to them in a will is regulated by ss. 30 and 31 of the Wills Act. The construction of these sections presents considerable difficulty, and it is believed that they were originally drafted as alternative provisions (e). The general rule is that the trustees take the whole fee simple — (1) where there is a clear intention to vest it in them, as, e.g., a devise unto and to the use of the trustees and their heirs ; and (2) where a fee simple is required in order to carry out the trusts of the will, e.g., a trust to sell, lease, or mortgage, or to do or perform any other act which requires complete control of the property.
What to read after Seaborne's Vendors And Purchasers: Being a Concise Manual of the Law Relating to Vendors And ...?
You can find similar books in the "Read Also" column, or choose other free books by Henry Seaborne, William Arnold Jolly to read onlineMoreLess
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