Items related to A Concise Treatise on the Construction of Wills
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. 1885 Excerpt: ...Harton v. Harton, 7 T. R. 652, viz., that where there are recurring trusts which require the legal estate to be in the trustees, with intervening limitations which, taken alone, would vest the legal estate in the persons beneficially entitled, and there is no repetition, before each of the recurring trusts, of the gift of the legal estate to the trustees, the legal estate is held to be in the trustees throughout, and the intermediate estates are equitable and not legal. Thus, if the devise be to trustees and their heirs in trust for the separate use of A. for life, with remainder in trust for the heirs of the body of A., with remainder in trust for the separate use of B. for life, with remainder in trust for the heirs of the body 1481 of inasmuch as the trusts for separate use require the legal estate to be in the trustees, the legal estate is held to be in them throughout, and the limitation to the heirs of the body of A., being an equitable remainder, vests in A. an estate TRUSTS TO RAISE MONEY. 148 tail under the rule in Shelley's Case; whereas if the limitation to the separate use of B. had been omitted, the legal estate in the trustees would have stopped at the death of A., and the limitation to the heirs of the body of A., being a legal estate, would have taken effect as a contingent remainder. (Harton v. Harton, 7 T. R. 652; Hawkins v. Luscombe, 2 Sw. 391, per Lord Eldon; Brown v. Whiteway, 8 Hare 145; Toller v. Atwood, 15 Q. B. 929, E. C. L. R. vol. 69.) In Toller v. Atwood, 15 Q. B. 929 (E. C. L. R. vol. 69), it was doubted whether in such a case the legal estate in the trustees would extend beyond the last trust for the separate use of a feme covert; in other words, whether the limitation to the heirs of the body of B., in the case supposed, if fo...
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- PublisherRareBooksClub.com
- Publication date2012
- ISBN 10 1236199367
- ISBN 13 9781236199362
- BindingPaperback
- Number of pages164
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