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" Where a contingency is limited to depend on an estate of freehold which is capable of supporting a remainder, it shall never be construed to be an executory devise, but a contingent remainder only, and not otherwise. "
Virginia Reports: Jefferson--33 Grattan, 1730-1880 - Page 143
1903
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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 - 1813 - 1010 pages
...Blanc are indisputable. It is perfectly clear and settled, that where an estate can take effect as a remainder, it shall never be construed to be an executory devise, or springing use. Here, the first limitation is to two persons and the survivor, so that a preceding...
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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 - 1813 - 502 pages
...Blanc are indisputable. It is perfectly clear and settled, that where an estate can take effect as a remainder, it shall never be construed to be an executory devise, or springing use. Here, the first limitation is to two persons and the survivor, so that a preceding...
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A Treatise on the Law of Wills and Codicils, Volume 1

William Roberts - 1815 - 622 pages
...Rogers, namely, " that where a contingency is limited to depend upon an estate of freehold whidi is capable of supporting a remainder, it shall never be construed to be an executory devi5e, but a contingent remainder only." A rule which Lord Kenyon in delivering the opinion of the...
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Term Reports in the Court of King's Bench, Part 185, Volume 3

Great Britain. Court of King's Bench, Charles Durnford - 1817 - 860 pages
...where a contingency is limited " to depend on an estate of freehold, which is capable of support' " ing a remainder, it shall never be construed to be an...executory " devise, but a contingent remainder only, and not otherwise." Now that rule applies to, and must govern, the present case. In Hopkins v. Hopkins...
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An Essay in a Course of Lectures on Abstracts of Title: To ..., Volume 2

Richard Preston - 1818 - 486 pages
...ofPurefoy v. Rogers, that where a contingency is limited to depend on an estate of freehold which is capable of supporting a remainder, it shall never...executory devise, but a contingent remainder only, and not otherwise. A consequence from this rule is, no gift by will or by use, will operate by executory...
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A Digest of the Laws of England Respecting Real Property, Volume 6

William Cruise - 1818 - 624 pages
...Purefoy v. Rogers.- — That where a contingency is limited to depend on an estate of freehold, which is capable of supporting a remainder, it shall never...be an executory devise, but a contingent remainder. And therefore the Court determined that the devise to the heirs of the body of Ebenezer was a contingent...
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Reports of Cases Argued and Determined in the Court of King's ..., Volume 5

Great Britain. Court of King's Bench, Richard Vaughan Barnewall, Sir Cresswell Cresswell - 1823 - 556 pages
...executory devises, viz. that where a contingency is limited ' to depend on an estate of freehold which is capable of supporting a remainder, it shall never...executory devise, but a contingent remainder only, (a) And many authorities were quoted (b) to shew that this was an estate tail in ,/. X., and therefore...
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A treatise on springing uses, and other limitations by deed; according to ...

John Wilson - 1824 - 200 pages
...opinion of the court, said, it was perfectly clear and settled, that where an estate can take effect as a remainder, it shall never be construed to be an executory devise or springing use. And where the contingent estate may, in the nature of its original limitation, take...
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The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

1829 - 964 pages
...Mansfield said (3) : " It is perfectly clear and settled, that, where an estate can take effect as a remainder, it shall never be construed to be an executory devise, or springing use." Here the testator directed that the premises should be "to the use of George Blair,...
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Commentaries on American Law, Volume 4

James Kent - 1830 - 556 pages
...limited to depend on an estate of freehold, which was capable of supporting a remainder, it should never be construed to be an executory devise, but a contingent remainder." (1.) Of the history of executory devises. The reason of the institution of executory devises was to...
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