Contingency Fee - Law Dictionary Search Results
Shelley's case, Rule in
body, the second remainder vets in A. as a remainder in tail male general, and is not in contingency or abeyance, nevertheless waiting for, and continuing expectant on, the determination of B.'s life-estate, which is expectant of … abeyance; that is to say, where the inheritance is to his heirs or right heirs he takes the fee-simple; and where it is to the heirs of his body an estate-tail general, 1 Steph. Com. In Coke's
Tail
general enabling clause (s. 15) enacts, that 'after December 31st, 1833, every actual tenant-in-tail, whether in possession, remainder, contingency, or otherwise, shall have full power to dispose of (by deed enrolled, etc., see ss. 40 et seq., … [s. 130 (4) (ibid.)] The limitation of an estate so that it can be inherited only by the fee owner's issue or class of issue, Black's Law dictionary 7th Edn., p. 1466. An estate-tail in land now
Settled land
infant, for a legal estate, or [sub-s. (iii.)] limited in trust for any person for a legal estate contingently on the happening of any event, or [sub-s. (iv.)] limited or in trust for a married woman of … innovations which bring it into line with the rest of the land legislation of 1925, so that a fee-simple in possession or a term of years absolute (which are the only legal estates in existence) should be
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Scintilla juris et tituli
of C., and then to the use of C. and his heirs, here B. immediately becomes tenant in fee by force of the statute; and to give him this estate the whole seisin of A. is exhausted; … from him by the operation of the statute, upon a limitation of springing uses and the creation of contingent ones. 'If land be given to A. and his heirs, to the use of B. and his heirs
Remainder
to give such a remainder existence. A chattel interest will not support a contingent remainder, since, while the contingency is in suspense, there must be an ulterior estate of freehold vested in some person, for otherwise there … be an estate in reversion. Thus if A. leases to B. for life, with remainder to C. in fee, and C, leases to D. For life, the estate of C. is still a remainder in reference to
Passive trust
words of limitation are (or were before 1926) necessary to convey either a legal or equitable estate in fee simple in a grant by deed to trustees as are required in any other grant of the legal … of a legal estate for life passive trusts, by settlements, were resorted to, and hence, trusts to preserve contingent remainders; and passive trusts were created in order to prevent dower. Where an active trust was created, without
Merger
rule; for a man may have in his own right both an estate tail and a reversion in fee; and the estate tail, though a less estate, will not merge in the fee, 2 Bl. Com. 177. … be immediately expectant upon each other; the more remote estate must be without any intervening vested estate or contingent remainder created in the same instant of time and by the same means which originated the other estate;
Wills
has only a special, as distinguished from a general, power of appointment. As to the devise of a fee, the twenty-eight s. enacts 'that where any real estate shall be devised to any person without any words … Goods of Blewitt, (1880) 5 PD 116. By s. 175 of the (English) Law of Property Act, 1925, contingent, specific or residuary devises of real or personal property carry the income, and see the (English) Trustee Act,
Conditional limitation
as they abridge or defeat the estates previously limited, and they are so far limitations, as upon the contingency taking effect the estate passes to a stranger, Hary. Note 1 to Co. Litt. 203 b. These imitations … of the nature both of a condition and a remainder. At the Common Law whenever either the whole fee or a particular estate, as an estate for life or in tail, was first limited, no condition or
Estate
capable of being the subject of many estates existing concurrently with each other, thus the absolute ownership or fee simple may be leased and sub-leased, mortgaged and charged, each of the holders of these estates having a … or (B) In expectancy, subdivided into-- (a) Reminders created by convention of parties, which are (a) vested, (b) contingent or executory, (c) cross. (b) Reversions arising by operation of law. (3) The number and connection of the
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