 | 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,... | |
 | 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 Cruise - Real property - 1818 - 596 pages
...ancestor. 3. 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 takes...in fee, or in tail ; that always in such cases (the heirs) are words of limitation of the estate, and not words of purchase.5' From which it follows, that... | |
 | Sir Edward Coke, Sir Thomas Littleton, John Henry Thomas - Land tenure - 1818 - 752 pages
...obviate which inconveniences, was the origin of (he rule of law, laid down in Shelley's case, viz. that " when the ancestor, by any gift or conveyance, takes...fee or in tail, that always, in such cases, ' the heirs' are words of limitation of the estate, and not words of purchase." 1 Co. 104 a. Whence it follows,... | |
 | Maryland. Court of Appeals, Thomas Harris, Reverdy Johnson - Law reports, digests, etc - 1825 - 614 pages
...in Shelley''* case, "that where the ancestor takes an estate of freehold by any gift or (jonveyance, and in the same gift or conveyance an estate is limited...mediately or immediately to his heirs, in fee, or in tail, the word heirs is a word of limitation of the estate, and hot a word of purchase," which as a known... | |
 | Charles Barton - Conveyancing - 1822 - 690 pages
...and not per formam danis, takes by descent. Thus, -by the rule in Shelley's case, so often mentioned, when the ancestor, by any gift or conveyance, takes...mediately or immediately, to his heirs, in fee or in tail, the word heirs, is a word of limitation of the estate, and not a word of purchase (1). But it must... | |
 | Great Britain. Court of Common Pleas, John Bayly Moore - Law reports, digests, etc - 1823 - 726 pages
..." issue" in a will, is equivalent to " heirs." The rule is laid down in Shelley's case (6), that " when the ancestor, by any gift or conveyance, takes...fee, or in tail ; that always in such cases ' the heirs ' are words of limitation of the estate, and not words of purchase." The codicil contains no... | |
 | William Hayes - Remainders (Estates) - 1824 - 436 pages
...different from, subsequent words would be void ; the defendant's counsel answered, that it is a RULE OF LAW when the ancestor by any gift or conveyance takes...in fee, or in tail; that always, in such cases, the heirs are words of limitation of the estate, and not words of purchase. So inasmuch as in this case... | |
| |
Coke (vo1. 1, 1040,) is, that '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... 
