Fee Simple Conditional - Law Dictionary Search Results
Curtesy of England
by act of law, and is that interest which a husband has for his life in his wife's fee-simple or fee-tail estates, generalor special, aftr her death. Tenancy by the curtesy has been abolished by the (English) … Litt. 30 b, n. 7), except under the Forfeitue Act, 1870 (33 & 34 Vict. c. 23). A condition to restrain the husband of a feme-donee in tail from curtesy is repugnant and void, Co. Litt. 224
Executory devise
130, (English) Law of Properties Act, 1925 (see TAIL), bar the entail, and all remainders, executory devises, and conditional limitations dependent thereupon. See EXECUTORY LIMITATION and CONTINGENT REMAINDER. … relative to real, and the third to personal estate only, viz.:- (1) Where a testator devises his whole fee-simple, but upon some contingency qualifies such devise, and limits an estate on the contingency; e.g., a devise of
Settled land
innovations which bring it into line with the rest of the land legislation of 1925, so that a fee-simple in possession or a term of years absolute (which are the only legal estates in existence) should be … Ch 11]; unless a settlement made before 1926 provides to the contrary, or a post-1925 settlement imposes the condition that it is not to be sold without such consent or order (s. 65, S.L. Act, 1925); and
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Dower
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 … entitled to dower out of such land (s. 6). The widow's right to dower is subject to any conditions, restrictions, or directions which shall be declared by her husband's Will (s. 8). These sections contain the essential
Remainder
be an estate in reversion. Thus if A. leases to B. for life, with remainder to C. in fee, and C, leases to D. For life, the estate of C. is still a remainder in reference to … to her second marriage. But such a remainder is supported, as a conditional limitation, in wills and conveyances under the Statute of Uses. A remainder … Burton (Comp. Pl. 28) thus indicates the difference between a reversion and a remainder: 'If the gift were simply ' to you for your life,' the reversion in fee-simple would remain in the feoffor. But this consequence
power
excludes the donee or where the power is to transfer, charge, or encumber any estate less than a fee simple stock power : an irrevocable power of attorney used in making a transfer of a certificate of stock … a grantor or the grantor's successors in interest to enter upon an estate that was granted upon a condition after the breach of the condition in order to terminate the granted estate and revest it in the
Tail after possibility of issue extinct, Tenant in
admitting the impossibility of having children at any age. As an estate-tail is originally carved out of a fee-simple, so this estte is carved out of a special entail. There may be tenant-in-tail after possibility, etc., of … This estate arises out of a special entail as to the parentage of the issue, when the express condition has become impossible by reason of death. Thus, if an estate be granted to husband and wife, and
Tail
[s. 130 (4) (ibid.)] The limitation of an estate so that it can be inherited only by the fee owner's issue or class of issue, Black's Law dictionary 7th Edn., p. 1466. An estate-tail in land now … Act, 1833, entitled 'An Act for the Abolition of Fines and Recoveries, and for the Substitution of more Simple Modes of Assurance,' which received the royal assent August 28, 1833, and has not been repealed by the … of offices or dignities cannot be barred. Before the statute De Donis Conditionalibus, the donee could, after issue born, have alienated the land, whereby the
Contingent remainder
and has been supplanted by the modern doctrine of an estate owner with power to alienate the entire fee simple or term of years in the property. 2. An estate cannot be given to an unborn person for … 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
Mortgage
before 1925, and for the effect of the powers of a mortgagee upon sale or foreclosure, over the fee simple or term remaining in the mortgagor and against subsequent incumbrancers, see ss. 88 and 89. A mortgagee, however, … performing the condition of paying a given sum of money, with interest thereon, at a certain time. This conditional assurance is resorted to when a debt has been incurred, or a loan of money or credit effected,
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