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... A Systematic Arrangement of Lord Coke's First Institute of the Laws of ... - Page 130by Sir Edward Coke, Sir Thomas Littleton, John Henry Thomas - 1818Full view - About this book
| Great Britain. Court of King's Bench, Sylvester Douglas Baron Glenbervie - Law reports, digests, etc - 1813 - 1010 pages
...only applies where the 6rst and subsequent limitations are in the same instrument. The words are : " When the ancestor, by any gift or conveyance, " takes an estate of freehold, and, in the same gift or con" veyance, an estate is limited, either mediately or im" mediately, to his heirs in fee, or in tail,... | |
| Great Britain. Court of King's Bench - Law reports, digests, etc - 1813 - 502 pages
...only applies where the first and subsequent limitations are in the same instrument. The words are : " When the ancestor, by any gift or conveyance, " takes an estate of freehold, and, in the same gif't or con" veyance, an estate is limited, either mediately or ira" mediately, to his heirs in fee, or in... | |
| Richard Holmes Coote - Executory interests - 1814 - 226 pages
...ancestor so taking the freehold, and therefore is not contingent or in abeyance. F. 99 And also, wherever the ancestor, by any gift or conveyance, takes an estate of freehold, and there is afterwards in the same gift or conveyance a limitation to his right heirs, or heirs in tail,... | |
| Great Britain. Court of King's Bench, Charles Durnford, Sir Edward Hyde East - Law reports, digests, etc - 1817 - 708 pages
...in Shelley'* case (a), and recognized in a variety of subsequent cases, is that where the ancestor takes an estate of freehold, and in the same gift...limited, either mediately or immediately, to his heirs, either in fee or in tail; the word " heirs" is a word of limitation of the estate, and not a word of... | |
| William Hayes - Remainders (Estates) - 1824 - 542 pages
...different from, subsequent wqrds would be void; the defendant's counsel answered, that it is a RULE OF LAW when the ancestor by any gift or conveyance takes...conveyance an estate is limited, either mediately or immedialeli/,1.0 hisheirs, in fee, or in tail; thata\wa.js, in such cases^ the heirs are words of limitation... | |
| William Cruise - Real property - 1824 - 528 pages
...the ancestor. 2. To remedy this, it appears to have been very early established, as a rule of law, that " when the ancestor, by any gift or conveyance,...same gift or conveyance an estate is limited, either immediately or mediately, to his heirs, in fee or in tail ; that always in such cases, the heirs are... | |
| Sir Edward Coke - Law reports, digests, etc - 1826 - 734 pages
...as heir special ought to be heir general as well as heir special (t). Rule, that where the ancestor takes an estate of freehold, and in the same gift or conveyance an estate is limited, cither mediately or immediately, to bis heirs, either in !'<••• or in tail, the heirs arc words... | |
| Sir Edward Coke - Land tenure - 1827 - 884 pages
...by the subsequent conveyance or devise to hi» right heirs. For though it is a rule, that where tb,e ancestor by any gift or conveyance takes an estate of freehold, and in the same gilt, or conveyance. an est. te is limited, either mediately or immediately to hie heirs in fee, or... | |
| William Blackstone - Law - 1827 - 916 pages
...regular course of descent from father to son, or from any other ancestor to hi? heir at law. 2. Where the ancestor, by any gift or conveyance takes an estate of freehold, an-1 in the same conveyance, an estate is limited, either mediately or immediately to his heir» ш... | |
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