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. 1906 Excerpt: ...sub nam. Anon., 4 Leon. 198, can marry, ca. cccxvii. is contra, but cannot he relied on. So if the limitation he to husband and wife for their lives and the life of the survivor, remainder to the heirs of their hodies, they take an estate in special tail in the entirety: 13ro. Abr. Estates, 75. An estate tail may he ...
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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. 1906 Excerpt: ...sub nam. Anon., 4 Leon. 198, can marry, ca. cccxvii. is contra, but cannot he relied on. So if the limitation he to husband and wife for their lives and the life of the survivor, remainder to the heirs of their hodies, they take an estate in special tail in the entirety: 13ro. Abr. Estates, 75. An estate tail may he created by words of reference. Estate tail If the heirs of the hod' of A. are mentioned and then follows a 3 reference, limitation to A. and his heirs aforesaid, this is tail: Y. B. 42 Edw. III. (13G8), 5. If a man gives lands to A. " et heredibus de corpore stto," the remainder to B. (Co. Litt. 20 b), or " to B. and his heirs" (Shep. Touch. 104), "in forma praedicta," this is a good estate tail. See also Gilmore v. Harris (1685-93), 3 Lev. 213; Carth. 292; Skin. 324; Goodright d. Burton v. Riglry (1792), 2 H. Bl. 46. In construing the limitations in a settlement, the iuscttie words "heirs," or " heirs of the body," may, by the "'heirs" use of a parenthesis, or by punctuation, be construed as applying to all the children, or to all the sons, as the chil, lre- h? r r j r parenthesis, case may require. punctuation. Where the limitations in a marriage settlement were (after prior limitations) "to the use of all and every the child or children equally, share and share alike, to hold the same as tenants in common and not as joint tenants, and if but one child, then to such only child, his or her heirs or assigns for ever," it was held that the words " to hold the... then to such only child " might be put into a parenthesis so as to make the limitation run " to the use of all and every the child and children equally, share and share alike, his or her heirs or assi...
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