The Elements of the Law of Sales of Personal Property And Equity Or Chancery Jurisprudence

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To evade this rule of the civil law, wills were drawn making a qual- ified person the testator's heir, but requesting such person to transfer the estate to some other person, who could not have been named as heir directly.* ♦Sander's Justinian, 245-280. At first it was left to the con- science of the heir to carry out the directions of the testa- ment, but after a time the courts interfered and compelled a compliance. Id. 337-8. Since the heir was liable for the 244 EQUITY OR CHANCERY JURISPRUD...ENCE.
Trusts owed their origin in England to certain conditions which were inserted in deeds for the pur- pose of evading the statute of Mortmain. Prior to the statute of Uses, a simple gift of land to a person and his heirs, accompanied by livery of seizin, con- veyed to such person an estate in fee simple, and no consideration was necessary to support the gift. At that time no estate in land except an estate at law was known. The statute of Mortmain prohibited the giving of lands to religious houses.


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