Special Tail - Law Dictionary Search Results
Protector of the settlement
and Recoveries Act, 1833 (3 & 4 Will. 4, c. 74), s. 32, the settlor might appoint a special protector. In the absence of this 'special' protector, the statutory protector, i.e., the owner of the first (sufficient) … Protector of the settlement. The person whose con-sent is required to enable a remainderman in tail to bar the entail. In the absence of such consent the remainderman can only bar his own issue
Uses
descendible according to the rules of the Common Law relating to the inheritable 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 … statute would execute. (3) A man could not make his own heirs a purchaser, even of an estate tail, for filius est pars patris-h'res est pars antecessoris; but a man might limit the use so as to
Base fee
estate which forms part of the class of estates known as conditional freeholds of inheritance. In a more special sense, a base fee was until 1926 a fee simple determinable on the failure of issue of an … 1926 a fee simple determinable on the failure of issue of an original donee of the estate in tail. It was limited by the failure of the heirs of the body of that donee to take, and
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Perpetuity
will, that being the period at which a will takes effect, while a power in favour of a special class or class is considered to have been created by the instrument conferring the power and not by … preceded by a term for years, and its trusts be postponed until the failure of the issue in tail, they will be void, because limited to arise on an indefinite failure of issue. (2) Limitation the nature
Terms for years
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 first tenant-in-tail in possession absolutely: … and therefore partakes of the nature of real property. A term is usually created by a deed or speciality contract, called a lease or demise under the Common Law (see LEASE), and the appropriate operative verbs therein
Wills
to dispositions of copyhold estates, and the sixth to estates pur autre vie of a freehold nature. See SPECIAL OCCUPANCY. (2) Who may execute a will. The seventh s. enacts that no will made by any person … after the testator's death. And s. thirty-two provides in certain events against the lapse of devises of estates tail. By the (English) Law of Property Act, 1925, s. 176, a tenant-in-tail in possession may bar the entail
Trust
part or interest in it in equity. (b) Implied trusts which arise under similar con-ditions, out of some special relationship between the parties by contract or otherwise. (c) Resulting trusts, when the whole or any part of … document or a bequest or devise by will pass without the words 'heirs of the body' or 'in tail'; in the case of an executed document, apt words of limitation were necessary [see Re Moncton's Settlement, (1913)
Gavelkind
see (English) Law of Property Act, 1932; Re Price, 1928 Ch 579; (1929) 2 Ch 400. The other special customs of this tenure were: (1) a wife was dowable of one-half, instead of one-third of the land; … 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
Power
latter, but never can attach on the former. An important distinction is established between general and particular or special powers. By a general power we understand a right to appoint to whomsoever the donee pleases. Such a … 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
Fee
Black's Law Dictionary, 7th Edn., p. 629. A 'fee' is generally defined to be a charge for a special service rendered to individuals by some governmental agency. The distinction between a tax and a fee lies primarily
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