 * * * 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...  The Northeastern Reporter - Page 2511902Full view - About this book
 | Great Britain. Court of Common Pleas, John Bayly Moore - Law reports, digests, etc - 1823 - 726 pages
..." issue" in a will, is equivalent to " heirs." The rule is laid down in Shelley's case (6), that " when the ancestor, by any gift or conveyance, takes...limitation of the estate, and not words of purchase." The codicil contains no limited or qualified words to prevent the operation of that rule ; for " default... | |
 | William Hayes - Remainders (Estates) - 1824 - 436 pages
...different from, subsequent words would be void ; the defendant's counsel answered, that it is a RULE OF LAW when the ancestor by any gift or conveyance takes...limitation of the estate, and not words of purchase. So inasmuch as in this case Edward Shelley took an estate of freehold, and after an estate is limited... | |
 | William Hayes - Remainders (Estates) - 1824 - 542 pages
...different from, subsequent wqrds would be void; the defendant's counsel answered, that it is a RULE OF LAW when the ancestor by any gift or conveyance takes...conveyance an estate is limited, either mediately or immedialeli/,1.0 hisheirs, in fee, or in tail; thata\wa.js, in such cases^ the heirs are words of limitation... | |
 | William Cruise - Real property - 1824 - 528 pages
...ancestor. 2. To remedy this, it appears to have been very early established, as a rule of law, that " when the ancestor, by any gift or conveyance, takes...same gift or conveyance an estate is limited, either immediately or mediately, to his heirs, in fee or in tail ; that always in such cases, the heirs are... | |
 | 1828 - 746 pages
...takes an estate of freehold, sod in the same gift or con. • Reported I Vdlleet.Jut¿283. vayence, an estate is limited, either mediately or immediately to his heirs in fee or in tail, in all such cases the heirs are words of li'nitaLion of the estate, and not words of purchase.” This... | |
 | Sir Edward Coke - Law reports, digests, etc - 1826 - 734 pages
...as heir special ought to be heir general as well as heir special (t). Rule, that where the ancestor takes an estate of freehold, and in the same gift or conveyance an estate is limited, cither mediately or immediately, to bis heirs, either in !'<••• or in tail, the heirs arc words... | |
 | Robert Walsh - American literature - 1829 - 532 pages
...words of limitation, and not of purchase. The rule in Shelly's case, (1 Coke Rep. 104,) is this: "where the ancestor, by any gift or conveyance, takes an...mediately or immediately to his heirs, in fee, or in tail, in such cases the word heirs, are always words of limitation, and not words of purchase." The remainder... | |
 | Sir Edward Coke, John Henry Thomas - Land tenure - 1827 - 884 pages
...by the subsequent conveyance or devise to hi» right heirs. For though it is a rule, that where tb,e ancestor by any gift or conveyance takes an estate of freehold, and in the same gilt, or conveyance. an est. te is limited, either mediately or immediately to hie heirs in fee, or... | |
 | William Blackstone - Law - 1827 - 916 pages
...regular course of descent from father to son, or from any other ancestor to hi? heir at law. 2. Where the ancestor, by any gift or conveyance takes an estate of freehold, an-1 in the same conveyance, an estate is limited, either mediately or immediately to his heir» ш... | |
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