Determinable Life Estates - Law Dictionary Search Results
Determinable life estates
Determinable life estates, estates for life, which may determine upon future contingencies before the life for which they are created expires. As if an estate be granted to a woman during her widowhood, or to a man until he is promoted to a benefice; in these and similar cases, whenever the contingency happens-when the widow marries, or when the grantee obtains the benefice-the respective estates are absolutely determined and gone. Yet, while they subsist, they are reckoned estates for life; because they may by possibility last for life, if the contingencies upon which they are to determine do not sooner happen, 2 Bl. Com. 121. See now ESTATE FOR LIFE, and Settled Land Act, 1925, s. 20(1)(vi.)....
Copyhold
Copyhold. Tenure in copyhold has been abolished under the (English) L.P. Acts, 1922 and 1925, and the Amending Acts of 1924 and 1926, but the greater part of the former title on this subject has been retained verbatim in view of the importance of the subject in examining titles. In the previous edition of this work, copyhold was described as a base tenure founded upon immemorial custom and usage; its origin is undiscoverable, but it is said to be the ancient villeinage modified and changed by the commutation of base services into specified rents, either in money or money's worth.A copyhold estate is a parcel of the demesnes of a manor held at the lord's will, and according to the custom of such manor. The tenant may have the same quantities of interest in this tenure as he may enjoy in freeholds, as an estate in fee-simple or (by particular custom) fee-tail, or for life, and he may have only a chattel interest of an estate for years in it. By the custom of some manors, the estate devol...
Shelley's case, Rule in
Shelley's case, Rule in. intimately connected with the quantity of estate which a tenant may hold in realty, is the antique feudal doctrine generally known as the rule in Shelley's Case, which is reported by Lord Coke in 1 Rep. 93 b (23 Eliz.in C.B.), and elaborately examined by Lord Macnaghten in Van Grutten v. Foxwell, 1897 AC 658.The rule has been abolished by the (English) Law of Property Act, 1925, s. 131, in the construction of all instruments coming into operation after 1925; but the rule governs the construction of all instruments which have come into operation before the 1st January, 1926.The rule may be described thus: Where a life free-hold, either legal or equitable in realty (whether of freehold or copyhold tenure), is limited by any assurance to a person, and by the same assurance the inheritance of the same quality, i.e., either legal or equitable, is limited by way of remainder (with or without the interposition of any other estate) to his heirs or the heirs of his body...
Reversion
Reversion [fr. revertor, Lat.], that portion left of an estate after a grant of a particular portion of it, short of the whole estate, has been made by the owner to another person. it is thus described by Mr. Watkins (Conv. C. 16): 'When a person has interest in lands, and grants a portion of that interest, or in other terms, a less estate than he has in himself, the possession of those lands shall, on the deter-mination of the granted interest or estate, return, or revert to the grantor. This interest is what is called the grantor's reversion, or more properly, his right of reverter, which, however, is deemed an actual estate in the land, bearing the fruits of seigniory. Thus a grant to an estate by the owner of the fee-simple: to A. for life,' leaves in the grantor the reversion in fee-simple, which will commence in possession after the determination of A.'s life-estate; and this is called the particular estate; particular, as carved or sliced out of the larger estate or reversion.'S...
Marriage settlement
Marriage settlement, an arrangement made before marriage, and in consideration of it (the highest consideration known to the law), whereby real or personal property is settled for the benefit of the husband and wife and the issue of the marriage. There is an express saving for such a settlement in s. 19 of the (English) Married Women's Property Act, 1882, and see the (English) Married Women's Property Act, 1907 (7 Edw. 7, c. 1), invalidating a settlement made by a female infant unless confirmed after attaining 21, but without prejudice to settlements under the Infants Settlement Act, 1855 (see post, MARRIED WOMEN'S PROPERTY).Although the policy of the land legislation of 1924 was to assimilate the law of real property to that of personalty as far as possible, marriage settlements of land (not being effected by way of trust for sale), and if providing for infant or for a succession of interests in land or charging land (but in this case subject to the (English) Law of Property Amendment...
Contingent remainder
Contingent remainder, a remainder limited so as to depend on an event or condition which may never happen or be performed, or which may not happen or be performed till after the determination of the preceding estate, Fearne, Cont. Remainders.The legal estate in contingent remainders has been abolished by the Law of Property Act, 1925, s. 1. S. 4, whoever, provides that they can take effect as equitable interests, and any instrument creating a contingent remainder has become a settlement under s. 1 (ii) of the (English) S.L. Act, 1925. See SETTLED LAND.In Smith d. Dormer v. Parkhurst, (1740) 18 Vin. Abr. 413; 6 Bro. Cas. Par. 351, the Court held that, in every case where an estate is given to A. for life, the grantor has an interest remaining in him to enter upon the estate, if it should determine by any act of the tenant amounting to a forfeiture; that this right is inherent in the grantor, from the nature of the estate itself, and may be conveyed to trustees; and that, when it is conv...
Chattels or catals
Chattels or catals [fr. Catalla, Lat.; chatel, Fr.; chaptel, Old Fr.]. The word 'catalla' among the Normans primarily signified only beasts of husbandry or, as they are still called, cattle, but in a secondary sense the term was extended to all movables and not only to these but to whatsoever was not a fief or feud or, at a later date, in the nature of freehold or parcel of it. The distinction in the class of chattels survives in the legal meaning of the terms, 'personal chattels,' denoting movable property and 'chattels real,' which concern the realty, such as terms of years of lands or tenements, wardships, the interest of tenant by statute staple, by statute merchant, by elegit, and such like, Co. Litt., 118 b.Chattels personal or in a more narrow and more modern sense, 'chattels' (cf. 'goods and chattels' in the writ of fieri facias) (q.v.), means movable property or effects which belong personally to the owner and for which if they are injuriously withheld from him he has, in gene...
Emblements
Emblements [fr. emblavance de bled, O. Fr. corn sprung or put above ground], the growing crops of those vegetable productions of the soil which are annually produced by the labour of the cultivator. They are deemed personal property, and pass as such to the executor or administrator of the occu-pier, whether he were the owner in fee, or for life, or for years, if he die before he has actually cut, reaped, or gathered the same; and this, although being affixed to the soil, they might for some purposes be considered, whilst growing, as part of the realty.The growing crop annually produced by labour, as opposed to a crop naturally, Black Law Dictionary, 7th Edn., p. 540.If a tenant for life or pur autre vie die, his executor or administrator is entitled to emblements', for the estate was determined by the act of God; and it is a maxim in the law that actus Dei nemini facit injuriam. The advantages of emblements are extended to parochial clergy by 28 Hen. 8, c. 11, but a person who resigns...
Rent
Rent [fr. reditus Lat.], a certain profit issuing yearly out of lands and tenements corporeal; it may be regarded as of a two fold nature--first, as some-thing issuing out of the land, as a compensation for the possession during the term; and secondly, as an acknowledgment made by the tenant to the lord of his fealty or tenure. It must always be a profit, yet there is no necessity that it should be, as it usually is, a sum of money; for spurs, capons, horses, corn, and other matters, may be, and occasionally are, rendered by way of rent; it may also consist in services or manual operations, as to plough so many acres of ground and the like; which services, in the eye of the law, are profits. The profit must be certain, or that which may be reduced to a certainty by either party; it must issue yearly, though it may be reserved every second, third, or fourth year; it must issue out of the thing granted, and not be part of the land or the thing itself.Consideration paid, usu. periodically...
Dower
Dower [fr. dos, dotis, Lat., a marriage gift; dotare dower, Fr., endow, to furnish with a marriage portion. Dotarium, M. Lat., dotaire, Prov.; douaire, Fr.; a dowry of marriage provision; douairiere, a widow in possession of her portion, a dowager], the right which a wife has in the third part of the lands and tenements of which her husband dies possessed in fee-simple, fee-tail general, or as heir in special tail, which she holds from and after his decease, in severalty by metes and bounds, for her life, whether she have issue by her husband or not, and of what age soever she may be at her husband's decease, provided she be past the age of nine years.The legal estate in dower (being an estate for life) has been abolished and converted into an equitable interest (ibid.), (English) L.P. Act, 1925, s. 1; it can only arise in respect of deaths after 1925 in case the deceased husband was a lunatic or defective on January 1st, 1925, and died without regaining testamentary capacity or before...
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