Equitable Estates - Law Dictionary Search Results
Shelley's case, Rule in
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 … two above-stated examples, it certainly contradicts the meaning of the assurance, and the intent of the parties. two estates are created, a particular estate in the ancestor, and a remainder in his heirs. In the absence of
Personal property
But even inequity personalty which has settled either by deed or will to follow the trusts of an equitable entailed estate inland vested absolutely in the first tenant in tail at his birth. See Re Lord Chesham, … it devolved upon the personal representative in trust for the heir or devisee, and after the Administration of Estates Act, 1925, it devolved, as personal property and chattels real had always devolved, upon the personal representative, whose
Intestates Estates Act, 1884 (English)
Matched in: Term Intestates Estates Act, 1884 (English)
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Trust for sale
Beneficiaries under a trust for sale had no estate in the land but only in the proceeds (see EQUITABLE ESTATES) so long as the trust continued. A testamentary trust for sale of leasehold land was subject to the
Surrender of copyholds
may notwithstanding be completed. Surrenders of copyholds were governed by the same rules as Common Law conveyances. An equitable interest in copyholds was not the subject of surrender, except in the instance of a surrender for the … assurances. A surrender (which is vocabulum artis) is the yielding up of a legal tenancy in a copyhold estate, either by express words or operation of law, by the tenant after admittance, or by his lawful appointed
Interest
and titles that a man hath of, in, to or out of lands, 1 Inst. 345 b. 4. Equitable interests, all estates, interests, and charges in or over land or in the proceeds of sale thereof not
Lease
if they consist of terms of years absolute and leases for life which have been converted into merely equitable interests if created under a settlement, but by s. 149 of the Act leases for life at a … and lease.' The (English) Law of Property Act,1925, makes a distinction between leases for years which become legal estates if they consist of terms of years absolute and leases for life which have been converted into merely
Merger
in the legal ownership, but, on the other hand, the legal estate can never be extinguished in the equitable ownership. Merger is either absolute or qualified, for an estate as against one person may be extinguished, whilst … subject itself out of which it is derived. 'In order that there may be a merger, the two estates which are supposed to coalesce must be vested in the same person at the same time and in
Settled land
him under that title is not concerned with anything outside the vesting instrument so far as relates to equitable interests affecting the estate and subject to the provisions of the Law of Property and other land legislation … Lord Wimborne & Browne (1904) 1 Ch 537; Wolstenholme & Cherry, Conveyancing, etc., Acts. Prior to 1856 settled estates could not be sold or leased except under the authority of some power in the settlement by which
Real representative
1925, a will cannot pass a legal estate except to the personal representatives, and testamentary dispositions are only equitable. The legal estate or property will pass to the beneficiary only upon assent or conveyance by the personal … Land Transfer act, 1897, (60 & 61 Vict. c. 65), reproduced and extended by the (English) Administration of Estates Act, 1925, established a real representative in the person of the executor or administrator of any person dying
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