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Reports of Cases Argued and Determined in the Courts of Common Pleas and Exchequer Chamber, and in the House of Lords, from Easter Term 36 Geo. III. 1: (English)

Reports of Cases Argued and Determined in the Courts of Common Pleas and Exchequer Chamber, and in the House of Lords, from Easter Term 36 Geo. III. 1: (English)

          
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About the Book

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1826 Excerpt: ...together, he must have had this special intent, namely, that the first taker should have an estate for life in the freehold part, and under the residuary clause an absolute interest in the leasehold part; from which circumstance this consequence might have arisen, that when the first-taker died there would have been a separation of the different parts of a farm stated to be incapable of being distinguished. That difficulty must have been got over; and if it could not be done in any other way, so many acres must have been set apart (according to the rule of equity) for the freehold interest, and so many for the leasehold. The difficulty however was thought to afford a strong ground for inferring the intention of the testator that the whole should pass together, in a case where he had devised the farm as a farm. In truth the devise of a farm as one entire thing, where the testator had a farm composed of these different parts, is perhaps as sound a ground for the judgment as any in the case. With respect to the supposed intent of the testator that the freehold and leasehold should go together, how imperfectly was that secured in this very case! If the first-taker for life of the freehold, and who was intitled to the leasehold either for life by virtue of the limitations, or absolutely as residuary legatee, had a son who had come into existence, and continued in it but for a moment, a moment, the intended union of enjoyment would have been instantly severed between his administrator and the remainder man. If the testator had any Intention upon the subject, the carelessness of the person who framed his will had left it exposed to immediate disappointment, and yet the general tenor of the will bespeaks legal skill in the person who penned it, and skill abundantly...


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Product Details
  • ISBN-13: 9781130966626
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 286
  • Series Title: English
  • Weight: 513 gr
  • ISBN-10: 1130966623
  • Publisher Date: 01 Mar 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Spine Width: 15 mm
  • Width: 189 mm


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Reports of Cases Argued and Determined in the Courts of Common Pleas and Exchequer Chamber, and in the House of Lords, from Easter Term 36 Geo. III. 1: (English)
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