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accumulation alienation allowed ante Appeal apply appointment arise authority Beav bequest born Brown called charitable chattel child cited common law condition Conn considered contingent contingent remainder Court created daughter death decided decision deed determinable died directed doctrine effect entitled equitable estate tail executory devise existence expression fact fee simple followed gift give given grandchildren grant happen heirs held hold income intention interest issue Jarm judges land Lewis limitation lives Lord Mass matter meaning never objection opinion passed period Perp person possession possibility preceding present provisions question reach reason remainder remote rents reported reverter Rule against Perpetuities says seems settled settlement share Smith Statute successive Suppose taken tenant term tion took trust twenty-one unborn valid vested void wife
Page 108 - The absolute power of alienation shall not be suspended by any limitation or condition whatever, for a longer period than during the continuance of not more than two lives in being at the creation of the estate, except in the single case mentioned in the next section.
Page 83 - Future estates are either vested or contingent. They are vested when there is a person in being who would have an immediate right to the possession of the lands upon the ceasing of the intermediate or precedent estate. They are contingent while the person to whom, or the event upon which, they are limited to take effect, remains uncertain.
Page 537 - ... profits, and produce of such property so directed to be accumulated, shall, so long as the same shall be directed to be accumulated contrary to the provisions of this Act, go to and be received by such person or persons as would have been entitled thereto if such accumulation had not been directed.
Page 566 - ... 1. If such accumulation be dithe theory that the immediate object of the Rule against Perpetuities is to limit restraints upon alienation. This idea has been rected to commence on the creation of the estate, out of which the rents and profits are to arise, it must be made for the benefit of one or more minors then in being, and terminate at the expiration of their minority: "2.
Page 556 - ... or during the minority or respective minorities only of any person or persons, who, under the uses or trusts of the deed, surrender, will, or other assurances directing such accumulations, would for the time being, if of full age, be entitled unto the rents, issues, and profits, or the interest, dividends, or annual produce, so directed to be aceumuhitetl.
Page 519 - Estates tail have been abolished; and every estate which would be adjudged a fee tail, according to the law of this state, as it existed before the twelfth day of July, seventeen hundred and eightytwo, shall be deemed a fee simple; and if no valid remainder be limited thereon, a fee simple absolute.
Page 546 - That nothing in this act contained, shall extend to any provision for payment of debts of any grantor, settlor, or devisor, or other person or persons, or to any provision for raising portions for any child or children of any grantor, settlor, or devisor, or any child or children of any person taking any interest under any such conveyance, settlement, or devise...
Page 138 - ... and the heirs of his body; and in default of such issue then, over,
Page 520 - ... all estates given in tail shall be and remain an absolute estate in fee simple to the issue of the first donee in tail.
Page 563 - ... a contingent remainder in fee may be created on a prior remainder in fee, to take effect in the event that the persons to whom the first remainder is. limited, die under the age of twenty-one years, or on any other contingency by which the estate of such persons may be determined before they attain full age.