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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. 1884 edition. Excerpt: ...Wilbraham v. Livesay, 2 W. E. 281.) Q.--Eeferring to the Act to amend the Law of Eeal Property, 1845, state the purport of its provisions under these heads, or some of them: 1, the operation of a deed of grant, feoffment, exchange, and partition respectively; 2, allowing the giving of an immediate estate, or the benefit of a condition or covenant, to a person not a party; 3, the power of disposition by deed of contingent, executory and future interest; 4, the alteration of the law in regard to contingent remainders. A.--1. The 8 & 9 Viet. c. 106, enacts that after 1st Oct., 1845, all corporeal tenements shall, as regards the conveyance of the immediate freehold thereof, be deemed to lie in grant as well as in livery: (sect. 2.) A feoffment other than a feoffment made under a custom by an infant, is void at law, unless made by deed, but has no longer a tortious operation; and a partition and exchange of any tenement or hereditaments not being copyhold, made after this date, are also void at law, unless evidenced by deed, but do not imply conditions: (sects. 3 and 4.) 2. Under an indenture executed after 1st Oct., 1845, an immediate estate or interest in, and the benefit of a condition respecting, any tenements or hereditaments, may be taken, although the taker thereof be not named a party to the indenture: (sect. 5.) 3. A contingent, or a future interest, and a possibility coupled with any interest in any tenements or hereditaments of any tenure, and a right of entry, whether immediate or future, vested or contingent, may be disposed of by deed; but no disposition by force of this Act is to bar an estate tail, and married women are to convey according to the statute 3 & 4 Will. 4, c. 74: (sect. 6.) 4. It is also provided that a contingent...
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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. 1884 edition. Excerpt: ...Wilbraham v. Livesay, 2 W. E. 281.) Q.--Eeferring to the Act to amend the Law of Eeal Property, 1845, state the purport of its provisions under these heads, or some of them: 1, the operation of a deed of grant, feoffment, exchange, and partition respectively; 2, allowing the giving of an immediate estate, or the benefit of a condition or covenant, to a person not a party; 3, the power of disposition by deed of contingent, executory and future interest; 4, the alteration of the law in regard to contingent remainders. A.--1. The 8 & 9 Viet. c. 106, enacts that after 1st Oct., 1845, all corporeal tenements shall, as regards the conveyance of the immediate freehold thereof, be deemed to lie in grant as well as in livery: (sect. 2.) A feoffment other than a feoffment made under a custom by an infant, is void at law, unless made by deed, but has no longer a tortious operation; and a partition and exchange of any tenement or hereditaments not being copyhold, made after this date, are also void at law, unless evidenced by deed, but do not imply conditions: (sects. 3 and 4.) 2. Under an indenture executed after 1st Oct., 1845, an immediate estate or interest in, and the benefit of a condition respecting, any tenements or hereditaments, may be taken, although the taker thereof be not named a party to the indenture: (sect. 5.) 3. A contingent, or a future interest, and a possibility coupled with any interest in any tenements or hereditaments of any tenure, and a right of entry, whether immediate or future, vested or contingent, may be disposed of by deed; but no disposition by force of this Act is to bar an estate tail, and married women are to convey according to the statute 3 & 4 Will. 4, c. 74: (sect. 6.) 4. It is also provided that a contingent...
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