A Treatise on Wills, Volum 2

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Little, Brown, 1881
 

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Side 457 - ... unless a contrary intention shall appear by the will, by reason of such person having a prior estate tail, or of a preceding gift, being, without any implication arising from such words, a limitation of an estate tail to such person or issue, or otherwise...
Side 756 - Edwards his intended wife to be begotten, to be equally divided between them, (if more than one,) share and share alike, as tenants in common...
Side 269 - That where any real estate shall be devised to any person without any words of limitation, such devise shall be construed to pass the fee simple, or other the whole estate or interest which the testator had power to dispose of by will in such real estate, unless a contrary intention shall appear by the will.
Side 300 - Devise shall be construed to vest in such Trustee the Fee Simple, or other the whole legal Estate which the Testator had Power to dispose of by Will in such Real Estate, and not an Estate determinable when the Purposes of the Trust shall be satisfied . XXXII.
Side 600 - ... as between the different persons claiming through or under the deceased person, be primarily liable to the payment of all mortgage debts with which the same shall be charged, every part thereof, according to its value, bearing a proportionate part of the mortgage debts charged on the whole thereof...
Side 600 - When any person shall . . . die seised of or entitled to any estate or interest in any land or other hereditaments which shall at the time of his death be charged with the payment of any sum or sums of money by way of mortgage, and such person shall not by his will or deed or other document have signified any contrary or other intention...
Side 600 - Lands or Hereditaments to obtain full Payment or Satisfaction of his Mortgage Debt either out of the Personal Estate of the Person so dying as aforesaid or otherwise...
Side 40 - It being once settled that a wife might enjoy separate estate as a feme sole, the laws of property attached to this new estate ; and it was found, as part of such law, that the power of alienation belonged to the wife, and was destructive of the security intended for it. Equity again interfered, and by another violation of the laws of property supported the validity of the prohibition against alienation.
Side 316 - A. for life, and after his death to the heirs of his body, to share as tenants in common, or to be equally divided between them. (Hargrave's Law Tracts, 562-574; Toller v. Atwood, 15 Q. B. 929; 2 Wash. 272, Sec. 14; KingsUnd v. Rupleye, 3 Edwards, 1.) In the last case, the words "lawful issue" were held to have as extensive a significance as heirs of the body.
Side 301 - ... be given to any person for life, but the purposes of the trust may continue beyond the life of such person, such devise shall be construed to vest in such trustee the fee simple, or other the whole legal estate which the testator had power to dispose of by will in such real estate, and not an estate determinable when the purposes of the trust shall be satisfied.

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