An Essay in a Course of Lectures on Abstracts of Title (Volume 2); To Facilitate the Study, and the Application of the First Principles, and General ... Solicitors in Preparing, &c., and of Counsel

by Richard Preston

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1818. ... of recommendation, and not of limitation. The court considered the case, and heard the argument on it, as involving a question of intention, whether one estate was to be substituted in the place of the other on non-performance of the condition. They did not see any objection to allow that a clause of defeazance may operate upon an estate-tail as a conditional limitation, to cease a prior estate in favour of a more remote one; and every conditional limitation in a will to abridge or defeat another estate of a freehold interest, is, if valid, an executory devise; for it is in this mode only that it can be effectual, since the common law has not any rule to support it; and conditional limitations of the like sort in conveyances to uses are allowed to have effect as shifting uses; and the cases applicable to uses are authorities to prove that similar limitations in wills may operate as executory devises. But the point does not rest on mere conjecture, deduction, or argument; for the case of Fry v. Porter (c) is fully in point. In that case the gift to lady Ann Fry, the testator's heir, was for an estate-tail, upon condition, that if she married without consent, or died without heirs of her body, then to another person, and his heirs, so that there was a remainder in one event, and a-conditional limitation in another (c) i Mod. 300. event; and the condition having arisen, the estate-tail was determined; and the determination must have been under the learning of executory devises; since a remainder, as such, cannot abridge or defeat the prior or particular estate. This is the like case as was put by way of supposition, in Page v. Hayward. Besides the common and ordinary dispositions in wills; whether they are by way of direct gift, or through the medium of uses...

100 pages, Paperback

First published July 14, 2015