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Purchase, Words of

Purchase, Words of, those by which, taken abso-lutely without reference to or connection with any other words, an estate first attaches, or its considered as commencing in point of title, in the person described by them. 'It is a rule in law, known as the rule in Shelley's case, when the ancestor by any gift or conveyance takes an estate of freehold, and in the same gift or conveyance an estate is limited either mediately or immediately to his heirs in fee or in tail, that always in such cases 'the heirs' are words of limitation of the estate and not words of purchase' (1 Rep. 104 a; Van Grutten v. Foxwell, 1897, AC 658). The rule has been abolished in regard to all conveyances executed after 1925. In a limitation to an ancestor for life, then to his heir or any class of heirs or issue, the words heirs or issue are now words of purchase and not of limitation (Law of Property Act, 1925, s. 131). See HEIR, and SHELLEY'S CASE. At the same time, a grant to A. and his heirs may still be use...


word of limitation

word of limitation :a word in a deed or will esp. following the name of an intended grantee or devisee that serves to describe the nature or extent of the estate granted or devised usu. used in pl. [construed “and his heirs” in “to John and his heirs” as words of limitation describing an estate in fee simple rather than as words of purchase giving a future interest in the estate to his heirs] compare word of purchase ...


Meaning of words

Meaning of words, The rule is that when general words follow particular and specific words of the same nature, the general words must be confined to the things of the same kind as those specified, Kavalappara Kottarathil Kochuni v. States of Madras and Kerala, AIR 1960 SC 1080: (1960) 3 SCR 887...


fighting words

fighting words : words which by their very utterance are likely to inflict harm on or provoke a breach of the peace by the average person to whom they are directed NOTE: Fighting words are not protected speech under the First Amendment to the U.S. Constitution. ...


word of purchase

word of purchase :a word in a deed or will that shows who is to receive the estate usu. used in pl. compare word of limitation ...


Art, words of

Art, words of, words used in a technical sense; words scientifically fit to carry the sense assigned to them....


Limitation, words of

Limitation, words of, those which operate by reference to, or in connection with, other words, and extend or modify an estate given by such other words, as 'heirs,' 'heirs of the body.' See 1 Smith's Real and Pers. Prop., 4th 3d. 63-65, 160. As to deeds executed after December 31, 1881, see (English) Conveyancing Act, 1881, s. 51; Re Ethel, (1901) 1 Ch 945; and as to deeds executed after 1925, (English) Law of Property Act, 1925, ss. 60 and 130....


Meaning or connotation of words and phrases

Meaning or connotation of words and phrases, In determining the meaning or connotation of words and expressions describing an article or commodity the turnover of which is taxed in a sales tax enactment, if there is one principle fairly well-settled it is that the words or expressions must be construed in the sense in which they are understood in the trade, by the dealer and the consumer, Delhi Cloth and General Mills Co. Ltd. v. State of Rajasthan, AIR 1980 SC 1552: (1980) 4 SCC 71: (1980) 3 SCR 1109....


Precatory words

Precatory words, expressions in a will, praying or recommending that a thing be done; e.g., that property bequeathed to a legatee be disposed of by him for the benefit of other persons ,the question then arising whether the legatee was meant to take absolutely or merely as a trustee for such other persons. The general rule is that such words will create a precatory trust if they are capable of being construed as imperative, but the cases are num-erous and conflicting. In former times the Court was very apt to construe words of recommendation as imperative, but of late years the tendency has been the other way; see Hill v. Hill, (1897) 1 QB 483; Williams v. Williams, (1897) 2 Ch 12; Re Oldfield, (1904) 1 Ch 549; Comiskey v. Bowring-Hanbury, 1905 AC 84....


main entry word

The form of a word that heads a lexical entry and is alphabetized in a dictionary also called entry word headword and lemma...


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