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" It is a rule in law, when the ancestor by any gift or conveyance takes an estate of freehold, and in the same gift or conveyance an estate is limited either mediately or immediately to his heirs in fee or in tail; that always in such cases, 'the heirs'... "
North Carolina Reports: Cases Argued and Determined in the Supreme Court of ... - Page 172
by North Carolina. Supreme Court - 1905
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Monthly Review; Or New Literary Journal

1794 - 614 pages
...conveyance takes an ellate of freehold, and in the fame gift and conveyance an eflate is limited either mediately or immediately to his heirs in fee or in tail, always in fuch cafes heirs are words of limitation of the ellate, and not words of purchafe." On the application,...
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Reports of Adjudged Cases in the Courts of Chancery, King's Bench ..., Volume 1

Great Britain. Courts, Sir John Strange, John Strange - Law reports, digests, etc - 1795 - 836 pages
...41 anceftor by any gift or conveyance takes an eftate of freehold, " and after an eftate is thereby limited mediately or immediately " to his heirs in fee or in tail, that always in fuch cafe bis btlrt " are words of limitation of the eftate,and not words of purchafe...
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The Reading Upon the Statute of Uses of Francis Bacon: Afterwards Baron of ...

Francis Bacon - Uses (Law) - 1806 - 308 pages
...described by the appellation of the rule in Shelley's case, and which was in that case thus defined — ' When the '• ancestor by any gift or conveyance takes...the same gift or conveyance an estate ' is limited either mediately or immediately to his heirs * in fee or in tail ; that always in such cases (the heirs)...
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Commentaries on the Laws of England: In Four Books, Volume 2

William Blackstone - Law - 1807 - 698 pages
...purchase, I may observe, that the much-talkcd-of rule in Shelly's case, 1 Co. 104. is this, viz. " when the ancestor, by any gift " or conveyance, takes...the same gift or " conveyance an estate is limited, either mediately or immediately, " to his heirs in fee or in tail, that always in such cases the helrt...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 11

Virginia. Supreme Court of Appeals, William Waller Hening, William Munford - Law reports, digests, etc - 1808 - 662 pages
...before us. Christian, in his notes on 2d Book of B. Com. pa. 20, lays down the rule in these words, " When the ancestor by any gift or conveyance takes " an estate of freehold, and in the same gift or convey" ance an estate is limited mediately or immediately to " his heirs in fee or in tail, always...
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Reports of Cases Argued and Determined in the Court of King's ..., Volumes 1-2

Great Britain. Court of King's Bench, Sylvester Douglas Baron Glenbervie - Law reports, digests, etc - 1813 - 1010 pages
...only applies where the 6rst and subsequent limitations are in the same instrument. The words are : " When the ancestor, by any gift or conveyance, " takes an estate of freehold, and, in the same gift or con" veyance, an estate is limited, either mediately or im" mediately, to his heirs in fee, or in tail,...
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Reports of Cases Argued and Determined in the Court of ..., Part 115, Volume 2

Great Britain. Court of King's Bench - Law reports, digests, etc - 1813 - 502 pages
...only applies where the first and subsequent limitations are in the same instrument. The words are : " When the ancestor, by any gift or conveyance, " takes an estate of freehold, and, in the same gif't or con" veyance, an estate is limited, either mediately or ira" mediately, to his heirs in fee, or in...
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An Analysis: Arranged to Serve Also as a Compendious Digested Index of Mr ...

Richard Holmes Coote - Executory interests - 1814 - 226 pages
...ancestor so taking the freehold, and therefore is not contingent or in abeyance. F. 99 And also, wherever the ancestor, by any gift or conveyance, takes an estate of freehold, and there is afterwards in the same gift or conveyance a limitation to his right heirs, or heirs in tail,...
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Term Reports in the Court of King's Bench, Volume 2

Great Britain. Court of King's Bench, Charles Durnford, Sir Edward Hyde East - Law reports, digests, etc - 1817 - 898 pages
...by the statute of uses ? The rule in Shelley's case (a) has always been adhered to, that where a man by any gift or conveyance takes an estate of freehold,...in the same gift or conveyance an estate is limited either mediately or immediately to his heirs in fee or in tail, " the heirs" arc words of limitation...
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Term Reports in the Court of King's Bench, Volume 8

Great Britain. Court of King's Bench, Charles Durnford, Sir Edward Hyde East - Law reports, digests, etc - 1817 - 708 pages
...in Shelley'* case (a), and recognized in a variety of subsequent cases, is that where the ancestor takes an estate of freehold, and in the same gift or conveyance an estate is limited, either mediately or immediately, to his heirs, either in fee or in tail; the word " heirs" is a word...
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