Executory Devise - Law Dictionary Search Results
Passive trust
estate to be taken by the trustee, the courts endeavoured in the case of devises by will land executory contracts to give by construction the quantity originally requisite to satisfy the trust in every event, although the … the quantity of the estate to be taken by the trustee, the courts endeavoured in the case of devises by will land executory contracts to give by construction the quantity originally requisite to satisfy the trust in
Uses
considerations. (b) Those arising by act of law, which were either- (1) Resulting; (2) Implied. II. Future or executory, distributable into: (a) Shifting or secondary; (b) Springing; (c) Contingent. See TRUSTS. Objections to uses before the Statute:- … uses cannot be executed into legal estates by the statute until they arise. (6) It is said that devises are not within the Statute of Uses, because it was passed before the Statute of Wills (32 Hen.
Contingency with a double aspect
Contingency with a double aspect, is a kind of executory interest which maybe termed an alternative interest. This is an 'interest that is only to vest in case … any way, through the failure of the contingency on which such preceding interest depends. As when a testator devises to A. for life; and if he have issue male, then to such issue male and his heirs
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remainder
an unidentifiable person (as one not yet born) or upon the occurrence of an uncertain event called also executory remainder cross remainder : either of two or more remainders in favor of two or more persons so … that which remains or is left ;specif : the property in a decedent's estate that is not otherwise devised or bequeathed [I leave the rest, residue, and of my estate to my son Michael]
Tail
as those by which before 1926 a similar estate-tail could have been created by deed not being an executory instrument in freehold land [see s. 60 (4) (b) and (c) of the (English) L.P. Act, 1925, reproducing … words were terms of limitation and not gifts to children or issue as purchasers or otherwise; thus a devise. To A. and his issue; or To A. and his seed; or children; or sons; or To A.
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