Fee Simple Determinable - Law Dictionary Search Results
Priority
property were swept into this rule, viz., all equitable interests inland (i.e., all estates for less than a fee simple absolute in possession or a term of years absolute and corresponding incorporeal hereditaments (see s. 1 of the … 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 persons who are for the time being owners
Shelley's case, Rule in
abeyance; that is to say, where the inheritance is to his heirs or right heirs he takes the fee-simple; and where it is to the heirs of his body an estate-tail general, 1 Steph. Com. In Coke's … tail male general, and is not in contingency or abeyance, nevertheless waiting for, and continuing expectant on, the determination of B.'s life-estate, which is expectant of A.'s death; but after A.'s death, and the determination of the
Rent
relate to rent-charges or other rents not being rent incident to a reversion. If they are held in fee simple in possession or for a term of years absolute (see LEASE) they are legal estates. All other rent-charges … Act, 1925, s. 1 (8)], but see s. 149, (English) L.P. Act, 1925, converting leases for life or determinable with life into terms of years absolute. S. 122 of the (English) L.P. Act, 1925, enables a rent-charge
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Limited owner
Limited owner. A tenant for life, in tail or by the courtesy, or other person not having a fee-simple in his absolute disposition. The legal estates of limited owners were reduced to equitable interests after 1925 by … comprises various constituents such as the right to possess, actual or constructive, power to enjoy, that is to determine manner of use extending even to destroying, right to alienate, transfer or dispose of etc. Any restriction or
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the Substitution of more Simple Modes of Assurance,' which received the royal assent August 28, 1833, and has not been repealed by the … grant estovers, or the vesture of his woods, to another, the grant determines with his death; for being a charge upon the inheritance, it necessarily
Uses
for treason or felony. In fact, he was treated at Common Law as the absolute tenant of the fee. (8) A use, being but the creature of equity, could not have been taken in execution for the … performed openly and in the presence of the people of the locality. It soon became evident that the simple rules of the Common Law were stumbling-blocks to the complicated wants of an enterprising people. Hence ingenuity was … estates of intestates: and the special customs of gavelkind, borough-English, and copyholds, determined the particular descent of uses. This is an illustration of the well-known
Settled land
(a) in tail, (b) for a legal estate subject to a limitation over, (c) for a base or determinable fee, or corresponding interest in leasehold land, (d) being an infant, for a legal estate, or [sub-s. (iii.)] … 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
Copyhold
as freeholds or leaseholds. The latter include life estates which have been converted to terms for ninety years determinable by notice upon cessor of the life or lives, see (English) Law of Properties Acts, 1922, s. 133 … the same quantities of interest in this tenure as he may enjoy in freeholds, as an estate in fee-simple or (by particular custom) fee-tail, or for life, and he may have only a chattel interest of an
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 … 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 … time limited over to another, who is to enjoy it after the determination of such particular estate. After 1925 remainders can operate only as equitable
Executory devise
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 … (English) R.P. Act, 1845 (8 & 9 Vict. c. 106), s. 8, which provided against failure upon premature determination of any preceding estate of freehold by forfeiture, surrender or merger, and the (English) Contingent Remainders Act, 1877
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