 | James Kent - 1830 - 556 pages
...equitable quality, to his heirs, or heirs of his body, as a class of persons to take in succession, the limitation to the heirs entitles the ancestor to the whole estate."" Thewo^ds /ugrs. or heirs of the body, create a remainder infee. or in tail, " whicrT~th'e taw,"To*preven'f'... | |
 | Jacob D. Wheeler - 1836 - 644 pages
...rule in ,, , , . .,, ' '» The above cases in the various states recognise and illustrate terposition of another estate, of an interest of the same legal...ancestor to the whole estate; Preston on Estates, Vol. 1, p. 263." WAGEB v. WAGER, July T. 1815, 1 Sergt. &. Rawlc's Penn. Rep. 374. Ejectment. Christian... | |
 | Tennessee. Supreme Court, George Shall Yerger - 1836 - 640 pages
...equitable character, to his heirs, or the heirs of his body, as a class of persons to take in succession; the limitation to the heirs, entitles the ancestor to the whole estate. Polk and others v Paris. 209 2. The rule in Shelly's case, is a settled and acknowledged principls... | |
 | Georgia. Supreme Court - 1847 - 556 pages
...which the rule is declared in Shelley's case. See 1 Coke R. 93. Mr. Preston lays it down as follows : " When a person takes an estate of freehold, .legally...heirs entitles the ancestor to the whole estate." 1 Preston Estates, 263, 419. The effect of the rule is brieffy, yet clearly, stated by chancellor Kent... | |
 | Alexander Mansfield Burrill - 1851 - 570 pages
...persons who may become his representatives. 1 Steph. Com. 308. Or, as it may be more concisely expressed, the limitation to the heirs entitles the ancestor to the whole estate. 1 Preston on Estates, 263. 4 Kent's Com. 215. RULE OF 1756. In international law. A rule relating to... | |
 | James Kent - 1854 - 728 pages
...rule,b gives us, among several definitions, one of his own, which appears to be full and accurate. " When a person takes an estate of freehold, legally...limitation to the heirs entitles the ancestor to the whole estate."0 The word heirs, or heirs of the body, create a remainder in fee, or in tail, which the law,... | |
 | James Kent - 1858 - 778 pages
...an interest of the same legal or equitable quality, to his heirs, or heirs of his body, as a elass of persons to take in succession, from generation...the heirs entitles the ancestor to the whole estate. " (b) . The word heirs, or heirs of the body, ereate a remainder in fee, or in tail, which the law,... | |
 | Hiram Denio - 1859 - 652 pages
...remainder, either with or without the interposition of another estate, of an interest of the same legal ot equitable quality to his heirs or heirs of his body...heirs entitles the ancestor to the whole estate." (4 Kent, 215.) I have intended to give the case a careful examination, though I have not adverted to... | |
 | Florida. Supreme Court - 1861 - 596 pages
...interposition of another estate, of an interest of the same legal or equitable quality to his heirs or the heirs of his body as a class of persons to take in...heirs entitles the ancestor to the whole estate." 4 Kent, 216. If the 8th clause of this will stood by itself, I admit Russ vs. Russ. — Argument of... | |
 | United States. Supreme Court - 1919 - 660 pages
...words of purchase." Mr. Preston uses the following language, which is approved by Chancellor Kent : f " When a person takes an estate of freehold legally...heirs entitles the ancestor to the whole estate." The trust deed of Thomas Green of January 15th, 1867, creates the following trusts, to which the premises... | |
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When a person takes an estate of freehold, legally or equitably, under a deed, will, or other writing, and in the same instrument there is a limitation by way of remainder, either with or without the interposition of another estate, of an interest of... 
