Equitable Estates And Interests - Law Dictionary Search Results
Equitable estates and interests
Matched in: Term Equitable estates and interests
Equitable interests
Matched in: Term Equitable interests
Future estates
Matched in: Term Future estates
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Joint-tenancy
is repugnant and they take as joint-tenants. This and the following paragraphs still hold good in respect of equitable interests in joint estates in land, the beneficial ownership of a legal estate in land of joint-tenants having … a single hand, and the joint-tenancy ceases. Anciently, joint-tenancy was favoured because it did not induce fractions of estates, and returning to early principles the (English) Land Legislation of 1925 has employed the tenure generally as the machinery
Law of Property Act, 1925 (English)
instance, land may be held in fee simple, leased and mortgaged at the same time. all other estate and interests inland are reduced to equitable interests. All mortgages of the same legal estate under the statutory conditions are … (b) the tenant for life or other statutory owner of the fee in trust for limited or settled estates and infants' estates; (c) personal representatives as to the estate of the deceased, whether testate or intestate;(d) mortgagees; (e)
Tail
existence on the 31st December, 1925; (b) in the construction of equitable interests into which these were converted on the 1st January, 1926, or created … Tail [fr. tailler, Fr., to prune]. An estate-tail was formerly a freehold of inheritance and is now an equitable interest which may be created after 1925 in respect of personalty as well as realty by way of … after 1925, dispose of the whole estate by will either expressly or by general reference to his entailed estates, and in that case it passes to his personal representatives and is liable for his debts. (4) It might
Uses
these two classes of transfers, i.e. (a) transmutation of possession as to the vesting of the legal and equitable estates:- An Appointment, Bargain and Sale, or Covenant to stand seized To D. and his heirs, To the use … this statute was the total destruction of the use, by effecting an amalgamation of the legal and equitable interests; but this object, if it existed, has failed owing to the equitable jurisdiction of the Courts of Chancery
Priority
important classes of property were swept into this rule, viz., all equitable interests inland (i.e., all estates for less than a fee simple absolute in … other instrument under seal, or is otherwise made or constituted a specialty debt. The priority in legal and equitable assignments of equitable choses in action are determined accord-ing to the date of receipt of notice by the … that which is before another in order of time. As to priority among creditors, see (English) Admin-istration of Estates Act, 1869, reproduced by ss. 32 to 34, (English) Administration of Estates Act, 1925, and the First Sch.,
Power
powers' mean all the powers in or over land under which equitable interests or powers only can be transferred or created. The classification of powers … by law, and whether created before or after the Act, will operate only in equity and are termed equitable powers. The only exceptions are legal powers (see ibid., s. 1 (8)) which can operate in law after … an executor, to sell an estate, to whom no estate was devised, and a statutory power to sell estates, as in the instance of the Land Tax Redemption Acts, are both Common Law authorities. The estate passed
Equity of redemption
equitable relief; this is still the casein regard to mortgagees of equitable interests. The following changes, however, have been introduced. Mortgages affecting a legal estate … Equity of redemption. Before 1926 the equitable estate or interest left in a person after he had mortgaged his property. Now the right to call … Equity of redemption. Before 1926 the equitable estate or interest left in a person after he had mortgaged his property. Now the right to call for
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