Executory Trust - Law Dictionary Search Results
Terms for years
be limited in succession or by way of remainder except by way of trust or by will as executory devises and an estate tail could not be limited in a term at all. It vested in the
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 … interest which may be created after 1925 in respect of personalty as well as realty by way of trust and which (if not barred or disposed of by will after 1925) will devolve inequity on the person
Consideration
(in another sense), i.e., f the consideration has been completed before the corresponding promise has been performed; 2nd, executory, or something to be done after the promise; 3rd, concurrent, as in the case of mutual promises; and … v. Atkinson, (1861) 1 B&S 393; Re Empress Engineering Co., (1880) 16 Ch D 125; but if a trust be created for the third party, there is a departure from the rule and the third party can
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Settled land
of 1882, as exten-ded by s. 20, 1925, such as tenants in tail, tenants in fee-simple subject to executory limitations over, and more particularly to an estate owner of land subject to family charges, and a married … any land, or any estate or interest in land, 'stands for the time being limited to or in trust for any persons by way of succession' (Settled Land Act, 1882, s. 2) (see infra for the statutory
interest
that may be claimed on the ground of equitable relief [claimed an equitable interest in the debtor's assets] executory interest : a future interest other than a remainder or reversion that may take effect upon the divesting … entry beneficial interest : the right to the use and benefit of property [a beneficial interest in the trust] contingent interest : a future interest whose vesting is dependent upon the occurrence or nonoccurrence of a future
Covenant
lan or thing granted,or ae collateral to it; affirmative, or negative; executed, or that which is alreadyd one; executory, or that which is to be done. Shep. Touch. 160; Bac. Abr.Covenant (G); Com. Dig. Covenant (F); Vn. … a covenant, for any words or form of expression which import an agreement will suffice [Re De Ros' Trust, (1885) 31 Ch D 88]. A covenant to do a thing which upon the face of it appears
Adverse possession
divestiture of all rights of transfer in the property and in case in which there is a mere executory agreement of transfer both parties contemplating a deed of transfer to be executed at a later point of … rights, and secondly, the person setting up dispossession may have been holding under the rightful owner's title, e.g., trustees, guardians, bailiffs or agents. Such persons cannot set up possession averse to their cestui que trust, principal or
Hereditaments
and, possibly, easements; (2) certain heritable rights not necessarily connected with land, such as offices. Reversions, remainders, and executory interests and conditions have usually been classed as incorporeal hereditaments, but the classification is not satisfactory. Incorporeal hereditaments … and are the rights and profits annexed to, or issuing out of, land. It includes money held in trust to be laid out in land [Re Gosselin, (1906) 1 Ch 120]. Any property that can be inherited;
Registration of title of land
interests, and as regards dealings effected after 1925 between assignees and incumbrancers of life interests, remainders, reversions and executory interests, priority is established by order of special priority cautions or inhibitions, noted in a 'Minor Interests Index,' … leasehold estate. A purchaser for value of registered land with any title but possessory is not affected by trusts, express, implied, or constructive (s. 74). A possessory title is affected by trusts arising prior to the first
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