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Annuity
and it should not be liable to any variation depending upon or on any ground relating to the general income of the fund or estate which is charged for such payment, CWT v. P. K. Banerjee, (1981) … of a personal annuity to A. and the heirs of his body was ineffectual to create and estate tail, and passed an absolute interest conditional only upon an heir of the body being born. But now under
Power
Dictionary. Power, is not synonymous with jurisdiction, K.E. v. Vithu, (1899) 1 Bom LR 157. Power, may be general or implied. The general powers are such as the donee can exercise in favour of such person or … a power in gross. Thus where an estate is settled to A. for life, remainder to B. in tail, remainder to A. in fee, and A. has a power to jointure his wife after his death, this
Mortgage
(English) Real Estate Charges Act, 1867 (30 & 31 Vict. c. 69), provides that in construing wills a general direction to pay debts out of personalty shall not include mortgage debts, unless an intention to that effect
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Heir
following note has been retained since the word 'heir' will be construed according to its meaning under the general law in force before 1926, in deeds and wills executed after 1925, under which the 'heir' may become … son who may be defeated of his inheritance by his father's displeasure. (h) Heir special. The issue in tail claiming per forman doni. (q) Ultimus h'res. He to whom lands come by escheat for want of proper
Limitation of actions and prosecutions
seas within the meaning of 4 & 5 Anne, c. 16.' As to real property, there are four general cases when the possession is not adverse, viz.:--1st, when both parties claim under the same title; 2ndly, when
Money land
the real use at the time the will was made; 4thly, not to pass as money by a general bequest to a legatee, but it would by a particular description, as so much money to be laid
Joint-tenancy
Before 1926 there might be a joint-tenancy for life, or in fee, or in remainder, but not in tail, unless the donees, being male and female, might lawfully marry; otherwise the donees possess estates for life only, … fractions of estates, and returning to early principles the (English) Land Legislation of 1925 has employed the tenure generally as the machinery by which legal estate may in such cases always be in some person, called the
Gavelkind
respective fathers. The partible quality of gavelkind extends also to estates-tail, for if a person die seised in tail of lands held in gavelkind, all his sons shall inherit together as heirs of his body. Since the … the word to 'gave all kinde' 'for the custom giveth to all sonnes alike,' which, until then, was generally received, Co. Litt., 140 a. Gavelkind land descended in the right line to all the sons equally, being
Settled land
s. 22 of the Act of 1882, replaced by s. 75 (5) of the S.L. Act, 1925. The general scheme of the (English) Settled Land Acts, 1882-1890, has not been materially altered by the (English) Settled Land … [sub-s. (i.)] for any persons by way of succession, [sub-s. (ii.)] for any person in possession (a) in tail, (b) for a legal estate subject to a limitation over, (c) for a base or determinable fee, or
Chattels or catals
belong personally to the owner and for which if they are injuriously withheld from him he has, in general, no other remedy than by personal action (see TROVER), while a mixed action of ejectment (q.v.), in which … interest maybe created by way of trust in any property real r personal, subject to statutory requirements. See TAIL. Among chattels real five species of legal or equitable estates maybe enumerated: (a) for years; (b) from year
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