The Rights of Heirship, Or, The Doctrine of Descents and Consanguinity: As Applied by the Laws of England to the Succession of Real Property and Hereditaments, and as Affected by the New Statutes of Inheritance and Limitation : Including the Descent of Titular Honors and Coat Armour, and the Respective Rights of Participation in the Personal Estate of an Intestate Under the Statute of Distributions : Collected from the Law Authorities, Statutes and Reports, and Illustrated by Tables of Descent, Consanguinity, &c. &cH.K. Causton & Company, 1842 - 306 páginas |
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Página 52
... equal to that of the lord himself , in the tenements holden of the manor ; * Fitz . Abr . tit . corone . 310. custom . 12 Bro . Abr . tit . cus- tom . 2. 17. ten . per copie . 22. 9 Rep . 76. Co. Litt . 59. Co. Copyh . § 32. Cro . Car ...
... equal to that of the lord himself , in the tenements holden of the manor ; * Fitz . Abr . tit . corone . 310. custom . 12 Bro . Abr . tit . cus- tom . 2. 17. ten . per copie . 22. 9 Rep . 76. Co. Litt . 59. Co. Copyh . § 32. Cro . Car ...
Página 65
... equal only to one estate in fee . * They are different parts , consti- tuting one whole , carved out of one and the same in- heritance ; and they may both subsist together , the one in possession , the other in expectancy . So if land ...
... equal only to one estate in fee . * They are different parts , consti- tuting one whole , carved out of one and the same in- heritance ; and they may both subsist together , the one in possession , the other in expectancy . So if land ...
Página 66
... equal and no more than equal to the whole . Hence , ( perhaps it is almost superfluous to observe ) no re- mainder can be limited after the grant of an estate in fee simple ; * because , as a fee - simple is the highest and largest ...
... equal and no more than equal to the whole . Hence , ( perhaps it is almost superfluous to observe ) no re- mainder can be limited after the grant of an estate in fee simple ; * because , as a fee - simple is the highest and largest ...
Página 81
... equal estate in both ; the grantor having united their names , the law gives them a thorough union in all other respects . One joint tenant cannot be entitled to one period of duration or quantity of interest and the other to a ...
... equal estate in both ; the grantor having united their names , the law gives them a thorough union in all other respects . One joint tenant cannot be entitled to one period of duration or quantity of interest and the other to a ...
Página 85
... equal degree , as sons , brothers , uncles , & c . In either of these cases , all the parceners put together make but one heir , and have but one estate among them.§ Parceners are like joint tenants in that they have the same unities of ...
... equal degree , as sons , brothers , uncles , & c . In either of these cases , all the parceners put together make but one heir , and have but one estate among them.§ Parceners are like joint tenants in that they have the same unities of ...
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The Rights of Heirship - Or, the Doctrine of Descents and Consanguinity Henry Kent Causton Sin vista previa disponible - 2009 |
Términos y frases comunes
administrator amended rule arms attainted barony Blackstone canon chattels claim common ancestor common law condition consanguinity continue coparcenary copyhold coverture created curtesy custom daughters death deceased determine died dignity dower eldest emblements entitled escheat escutcheon estate tail exclusion executor father fee simple fee tail female feodal feud feudum freehold Geoffrey Stiles George Stiles grandfather grandmother grant grantor half blood hath heir hereditaments honor husband Ibid Inst interest intestate issue John Stiles joint tenants kindred king lease limited lineal ancestor Litt lord male manor marriage maternal grandmother's moiety mother parliament particular estate paternal pedigree Peere Williams person last seised personal estate Plowd preference propositus purchaser remainder rent right of possession Sect seised seisin Stat statute Table of Consanguinity Table of Descent tenancy in common tenant in tail tenure term uncle vested Vide antè whole blood wife writ writ of summons
Pasajes populares
Página xii - There is no antidote against the opium of time, which temporally considereth all things : our fathers find their graves in our short memories, and sadly tell us how we may be buried in our survivors.
Página 142 - ... such possession or receipt then such right shall be deemed to have first accrued at the time at which the person claiming as aforesaid or the person through whom he claims became entitled to such possession or receipt by virtue of such instrument.
Página 189 - ... shall mean the person who last acquired the land otherwise than by descent, or than by any escheat, partition, or inclosure, by the effect of which the land shall have become part of or descendible in the same manner as other land acquired by descent ; and the word "descent" shall mean the title to inherit land by reason of consanguinity, as well where the heir shall be an ancestor or collateral relation, as where he shall be a child or other issue; and the expression "descendants" of any ancestor...
Página 14 - But an hereditament, says Sir Edward Coke, is by much the largest and most comprehensive expression: for it includes not only lands and tenements, but whatsoever may be inherited, be it corporeal or incorporeal, real, personal, or mixed.
Página 74 - That it needs not any particular estate to support it. 2. That by it a fee-simple, or other less estate, may be limited after a fee-simple. 3. That by this means a remainder may be limited of a chattel interest, after a particular estate for life created in the same.
Página 276 - ... parchment, is made out under the seal of the ordinary, and delivered to the executor or administrator, together with a certificate of its having been proved before him ; all which together is usually stiled the probate.
Página 170 - Consanguinity, or kindred, is defined by the writers on these subjects, to be viriculum personarum ab eodem stipite descendentium, the connection or relation of persons descended from the same stock or common ancestor. This consanguinity is either lineal or collateral. Lineal consanguinity is that which subsists between persons, of whom one is descended in a direct line from the other...
Página 30 - ... of the lands they had fairly bought ; of suits in consequence of which our ancient books are full : and treasons were encouraged ; as estates-tail were not liable to forfeiture longer than for the tenant's life. So that they were justly branded as the source of new contentions, and mischiefs unknown to the common law ; and almost universally considered as the common grievance of the realm.
Página 32 - For though, as there are no words of inheritance or heirs mentioned in the grant, it cannot be construed to be a fee, it shall, however, be construed to be as large an estate as the words of the donation will bear, and therefore an estate for life. Also such a grant at large, or a grant for term of life generally, shall be construed to be an estate for the life of the grantee...
Página 198 - The lineal descendants, in infinitum, of any person deceased shall represent their ancestor ; that is, shall stand in the same place as the person himself would have done had he been living.