The Law of Real Property And Other Interests in Land volume 1
The Law of Real Property And Other Interests in Land volume 1
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379- Wolfer v. Hemmer, 144 111. 554.
in Illinois this doctrine has received an extension which produces a peculiar result. It is there held that a devise over m derogation o a fee-simple estate is invalid because repugnant to the estate in ee simple 'in the first taUer. Which, by its very -ture-^^^-es him the power to dispose of the whole fee. Lambe v. Drayton. 182 111 110^ Sel an article in 14 Harv. Law Rev. 595. For a judicious discussion of fhTs and otht decisions in that state upon the subj...ect of such deviseB over after a fee. This view is peculiar to this state, and is undoubted- ly directly contrary to Pells v. Brown. Cro. Jac. 590. Supra, and num- berless cases decided since in which such a devise has been expressly or impliedly upheld. In the later case, however, of Koeffler v. Koeffl r. 185 111 '>61 which is somewhat difficult to distinguish from the pre- vious case on the facts, it was held that the first taker did not have a fee-simple estate, but a "determinable fee. " and that consequently the devise over was valid.
What to read after The Law of Real Property And Other Interests in Land volume 1?
You can find similar books in the "Read Also" column, or choose other free books by Herbert Thorndike Tiffany to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
379- Wolfer v. Hemmer, 144 111. 554.
in Illinois this doctrine has received an extension which produces a peculiar result. It is there held that a devise over m derogation o a fee-simple estate is invalid because repugnant to the estate in ee simple 'in the first taUer. Which, by its very -ture-^^^-es him the power to dispose of the whole fee. Lambe v. Drayton. 182 111 110^ Sel an article in 14 Harv. Law Rev. 595. For a judicious discussion of fhTs and otht decisions in that state upon the subj...ect of such deviseB over after a fee. This view is peculiar to this state, and is undoubted- ly directly contrary to Pells v. Brown. Cro. Jac. 590. Supra, and num- berless cases decided since in which such a devise has been expressly or impliedly upheld. In the later case, however, of Koeffler v. Koeffl r. 185 111 '>61 which is somewhat difficult to distinguish from the pre- vious case on the facts, it was held that the first taker did not have a fee-simple estate, but a "determinable fee. " and that consequently the devise over was valid.
What to read after The Law of Real Property And Other Interests in Land volume 1?
You can find similar books in the "Read Also" column, or choose other free books by Herbert Thorndike Tiffany to read onlineMoreLess
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