Future Interest - Law Dictionary Search Results
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interest
interest [probably alteration of earlier interesse, from Anglo-French, from Medieval Latin, from Latin, to be between, make a difference, concern, from inter- between, among + esse to be] 1 : a right, title, claim, or share in property Article Nine security interest : security interest in this 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 event compare vested interest in this entry controlling interest : sufficient stock ownership in a corporation to exert control over policy equitable interest : an interest (as a beneficial interest) that is held by virtue of equitable title or 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...
Vested in interest
Vested in interest, a legal term applied to a present fixed right of future enjoyment, as reversions, vested remainders, such executory devises, future uses, conditional limitations, and other future interests, the present right of which is not referred to, or made to depend on, a period or event that is uncertain, although the period of enjoyment may be uncertain or conditional. See following titlesand CONTINGENT LEGACY; CONTINGENT RE-MAINDER....
Executory devise
Executory devise. Mr. Fearne (Cont. Rem. 386) defines an executory devise to be, strictly, such a limitation of a future estate or interest in lands or chattels (though, in the case of chattels personal, it is more properly an executory bequest) as the law admits in the case of a will, though contrary to the rules of limitation in conveyances at Common Law. It is only an indulgence allowed to a man's last will and testament, where otherwise the words of the will would be void; for wherever a future interest is so limited by devise as to operate as a contingent remainder, such an interest is not an executory devise, but a contingent remainder.Executory Devises have been divided into three kinds, two 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 land to the testator's wife for life, remainder to C., his second son ...
Remainder
Remainder [fr. remanentia, Lat.], that expectant portion, remnant, or residue of interest which, on the creation of a particular estate, is at the same 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 interests, and in that manner they can be created in respect of personality as well as realty. The follow-ing explanation of legal remainders has been retained as relating to titles to land existing before 1926, and see (English) Law of Property Act, 1925, s. 4, as to the construction of equitable interests.A remainder may be limited in all freehold estates, but not strictly and technically in chattels real and personal, although these may be limited over after a previous limitation or a partial interest in them. It may be limited by way of use (which is, in practice, the usual method), as well as by a conveyance deriving its effect from the Common Law.In the same land there may at the sa...
Springing use
Springing use, a form of use in the nature of an executory interest directing property inland to vest at a future period which does not coincide with the termination of a legal estate at common law, for instance. In conveyances before 1926, upon a grant by X. To B. to the use of A. (an infant) in fee attaining twenty-one years of age, the use results to the settlor until, if ever, the period arrives and a good legal estate was conferred upon A. attaining that age by virtue of the statute. The use may be contingent as in that case, or vested, as grant to B. to the use of A. in fee upon the death of C., a stranger. If the grant defeats a previous legal estate and is not capable of being construed as a vested or contingent remainder, it may operate as a shifting use. Springing and shifting uses were resorted to in order to facilitate freedom of grant or conveyance of the legal estate inland by virtue of the Statute of Uses. Grants which would have created springing or shifting uses if the...
Interest
Interest, an interest for the purposes of the regula-tion was not limited to a direct financial interest and included membership of a panel such as the panel of which the claimant's solicitors were members that, therefore, the Claimant's Solicitors had had an interest in recommending the insurance which they recommend to her; that, in the circumstances, there had not been sufficient disclosure of that interest; and that, accordingly, there had been a material breach of regulation 4(2)(e)(ii) and the conditional fee agreement was unenforceable [See (English) Conditional Fee Agreements Regulation, 2000 (SI 2000/692), reg. 4(2)(c)(e)(ii)], Garrett v. Halton BC, (2007) 1 WLR 554 CA Cir.Interest, inter alia as the compensation fixed by agreement or allowed by law for the use or detention of money, or for the loss of money by one who is entitled to its use; especially, the amount owed to a lender in return for the use of the borrowed money [Black's Law Dictionary (7th Edn.) pp. 393-94 para 3...
statutory rule against perpetuities
statutory rule against perpetuities :a statute setting forth the requirements for the vesting of a future interest in property and superseding the common-law rule against perpetuities ;esp : a uniform statute invalidating a future interest in property that is not certain to vest or terminate within a life in being plus 21 years or that does not vest or terminate within 90 years after its creation ...
Future estates
Future estates, expectancies, which are, at Common Law, of two kinds: reversions and remainders. If in land, these are now referred to as equitable interests by the L.P. Act, 1925, and are no longer capable of subsisting, being conveyed or created at law (ibid., s. 1), but the interests may be disposed of (s. 4). See SETTLEMENT; LEASE....
Real Property Act, 1845
Real Property Act, 1845 (English) (8 & 9 Vict. c. 106), repealed and substantially re-enacted and extended by ss. 4, 51, 52, 56, 59, 138 and 168 of the Law of Property Act, 1925. The main provisions of the Act of 1845 affect all titles after 1845; prior to 1926, they included:Partitions or exchanges of freehold land, leases required by law to be in writing, i.e., leases for three years or more (see FRAUD), and all assignments and surrenders of leases must be by deed.A contingent executory and future interest in land and a possibility coupled with an interest in land, and a right of entry whether immediate, future, vested, or contingent, may be disposed of by deed.When the reversion on a lease is gone by surrender or merger, the next estate is to be deemed the reversion--(so that if, e.g., A. in 1900 let land to B. for fourteen years and B. in 1903 surrender, after having sub-let to C. till the end of 1905, C. will become tenant to A. till the end of 1905, notwithstanding B.'s surrender...
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