Estates, Future Interests, and Illegal Conditions and Restraints in Illinois: With an Historical Introduction and an Exposition of the Principles of Interpretation of Writings, More Especially Wills

앞표지
Callaghan, 1920 - 948페이지

도서 본문에서

선택된 페이지

목차

Conveyances by record
40
CHAPTER II
43
CONCERNING THE EXISTENCE AND CHARACTER OF THE CONDITIONS
50
Uses which the statute did not execute
54
TOPIC 4
61
1
69
Devise as a mode of alienation
76
THE LATER HISTORY OF REVERSIONS REMAINDERS AND
80
The continuation of the rule of destructibility of contingent remain
86
Application of the rule of destructibility where the future interest
100
No doctrine of destructibility
108
Inaccurate and unsatisfactory statements of the Rule
114
Wigmores three standards applicable to unilateral acts
119
Introductory
122
TITLE IV
133
Indentification of the devisee
137
Strict and liberal constructionists
144
The language used must be able to bear the meaning placed upon
150
TITLE I
155
Where the transfer was by devise
156
22
158
Transfer to A simpliciter followed by a gift in case of his death
162
Limitations to A simpliciter with power in A to dispose of an absolute
167
333
172
Where there is a preceding life estate with gifts over on contingencies
175
55
181
TITLE V
183
Where the trusteeship is created by a conveyance inter vivos
195
Suppose personal property is limited with such expressions as if used
202
Defined
205
Disposition of Intermediate Income 10 Michigan
208
The distributive construction
213
What words are effective to create a right of entry for condition
219
CHAPTER XII
220
The interest of the dedicator upon a statutory dedication 284
225
Breach of condition created by act of the parties
236
of the Act of 1865 afterwards appearing as sec 9
237
In case of leaseholds
242
TITLE IV
249
TITLE V
261
How far equity will enforce a forfeiture
286
TITLE VII
293
Rights of abutting owners upon vacation of a statutory dedication
297
CHAPTER XIV
316
Whether after the creation by devise of a freehold followed by contin
321
The rule of destructibilty appears not to be called into operation when
330
Extinguishment by release 320a
336
Alienable by descent 324
342
TITLE V
348
CLASSIFICATION OF FUTURE INTERESTS REVERSIONS
351
Where the limitations are to A for life and if B overlive A then
354
Where the limitations are by devise to A for life remainder to B
356
Remainder to A B and C or the survivor or survivors of them 343
363
where the remainder is to named persons or to a class with a single
377
351
383
The Illinois cases regularly and without exception assume the common
390
TITLE VIII
402
Equitable execution upon contingent remainders by creditors bill 376
408
No distinction in the tracing of descent between reversions and vested
415
TOPIC 2
420
TOPIC 3
437
Right of holder of future interest to prevent waste by the one in pos
442
Assuming that the statutory remainder is limited to children 407
451
358
453
TITLE II
457
Where the grant or devise is to A and his heirs the Rule has
462
There are three grounds for insisting that the Rule does not apply
469
What is meant by heirs as a word of purchase and as a word
476
Conveyances to take effect at the grantors death valid 463
536
TITLE III
546
TITLE VI
554
Law Quarterly Review 118
556
Nature of the future interest
560
CHAPTER XX
571
WHERE THERE IS A DIRECT GIFT WITH A SUPERADDED DIRECTION TO PAY
576
Similar cases which hold or appear to hold the legacy contingent upon
583
TOPIC 4
589
Cases a where the income is not given during the entire period before
595
TOPIC 12
599
Inference in favor of vesting founded upon the presence of a gift over 519
601
TOPIC 9
607
BALANCING INFERENCES FOR AND AGAINST VESTING
614
Note on the period to which survivorship is referred in gifts to sur
621
MEANING OF HEIRS IN A GIFT OVER IF THE FIRST TAKER DIES WITHOUT
638
TITLE II
644
Rule when the period of distribution is the death of the testator 564
649
The Rule as stated by Professor Gray is in force in Illinois
652
TITLE V
655
TITLE VI
661
TITLE VII
673
quaere whether the fact that when the will settlement or
687
Acceleration of future interests
694
Suppose in the typical case given the ultimate gift over on the death
700
Suppose all the shares are settled on daughters as in the typical
704
Appointment in fraud of powers 612
710
EXERCISE OF THE POWER WHICH DID NOT SURVIVE SUPPLIED BY HOLDING
717
Cases where the beneficial interest is in A and where B and C have
723
TITLE V
733
Power in life tenants to sell or dispose of the fee 648
743
The future interest must vest in the proper time 653
749
The Illinois cases 659
755
Equitable interests 663
762
Suppose legacies are bequeathed to several and the residue of the testa
769
Problem where the interest to the class is vested as distinguished from
776
Problem where the interest to the class is contingent upon their attain
782
Powers void in their creation because they may be exercised at
787
TITLE IX
797
TOPIC 4
801
TITLE XIII
803
TOPIC 2
815
IntroductoryTypical cases stated for consideration 717
822
Case 1Gifts over on intestacy 720
828
Case laGifts over on intestacy and failure of issue 724
834
TITLE III
840
TAKEN BY THEMSELVES AND CONSIDERED SEPARATELY FROM ANY RESTRAINTS
845
TOPIC 2
855
TITLE VI
861
CHAPTER XXVIII
867
Abolition of the rule of destructibility by legislation 106
882
TITLE II
890
Fee simple 216
896
Limitations to X for life then to A for life and in case of As death
900
Where the condition is precedent and illegal or impossible 750
902
SUBJECT MATTER OF INTERPRETATION
903
The place of the argument from absurdity or incongruity
905
Terms for years 218
906
TITLE I
908
Survival in case of the death of one of several executors 618
918
Reversions are indestructible by any rule of law defeating intent
925
Distinction between a right of entry for condition broken and a possi
929
The Rule in force in Illinois stated 412
930
WHERE THE INTERESTS ARE EQUITABLEEXECUTORY TRUSTS
931
Origin and reappearance of trusts of land
942
The bargain and sale and Statute of Enrollments
943
Cases which it is claimed show the adoption in Illinois of the New York
947

기타 출판본 - 모두 보기

자주 나오는 단어 및 구문

인기 인용구

386 페이지 - Future estates are either vested or contingent: They are vested when there is a person in being who would have an immediate right to the possession of the lands, upon the ceasing of the intermediate or precedent estate.
462 페이지 - ... to the only proper use, benefit, and behoof of the said party of the second part, his heirs and assigns forever.
155 페이지 - Every estate in lands, which shall be granted, conveyed or devised to one, although other words heretofore necessary to transfer an estate of inheritance be not added, shall be deemed a fee simple estate of inheritance, if a less estate be not limited by express words, or do not appear to have been granted, conveyed, or devised by construction or operation of law.
124 페이지 - Where there is nothing in the context of a will from which it is apparent that a testator has used the words in which he has expressed himself in any other than their strict and primary sense...
178 페이지 - To have and to hold the said premises above bargained and described, with the appurtenances unto the said party of the second part his heirs and assigns forever.
111 페이지 - No interest is good unless it must vest, if at all, not later than twenty-one years after some life in being at the creation of the interest.
802 페이지 - The rule, as applied in all reported cases, recognizes this limitation, that, when some of the trusts In a will are legal and some illegal, if they are so connected together as to constitute an entire scheme, so that the presumed wishes of the testator would be defeated if one portion was retained and other portions rejected, or if manifest injustice would result from such construction to the beneficiaries, or some of them, then all the trusts must be construed together, and all must be held illegal...
799 페이지 - The rule against perpetuities is not a rule of construction, but a peremptory command of law. It is not, like a rule of construction, a test, more or less artificial, to determine intention. Its object is to defeat intention. Therefore, every provision in a will or settlement is to be construed as if the rule did not exist, and then to the provision so construed the rule is to be remorselessly applied.
91 페이지 - Suppose, for instance, a gift to A. for life, remainder to B. and his heirs, but if B. dies before the termination of the particular estate, then to C. and his heirs.
54 페이지 - For instance, suppose a feoffment had been made to A. and his heirs, to the use of B. and his heirs, to the use of C. and his heirs ; the doctrine was that the use to C.

도서 문헌정보