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.
1905 edition. Excerpt: ...bad their origin in the English fondness
for family settlements. It is not uncommon to find in such
settlements eight or ten remainders limited, one after the other,
in order to prevent the possibility of the estate passing out of
the family of the grantor. Fortunately the spirit of our
institutions is utterly opposed to these entangled and cumbrous
arrangements; and accordingly our books contain few discussions on
the subject, for in this country the statutes against perpetuities
to be noticed presently, and the general disposition of our
citizens to keep property as little trammelled as possible
discourage remainders. On this account, I shall attempt no more
than to give a very general statement of the leading properties
belonging to remainders. To whom Remainders may be limited. 1. In
Ohio there is a statutory restriction, that "no estate shall be
given or granted by deed or will to any persons but such as are in
being, or to the immediate issue or descendants of such as are in
being at the time of making such deed or will." (a) There is some
ambiguity in these words. Had the statute said only "immediate
issue," we should not hesitate to say that estates could only be
limited to persons in being or their children. But the addition of
the word "descendants " means such as would take as heirs. (6) 2.
Another restriction grows out of the rule in Shelley's case, (c)
(a) R. S. of Ohio, 4200. N. B. Oar statute forbids perpetuities in
lands and tenements in this State, and does not cover personal
property. That the rule against perpetuities does not apply to
charitable trusts, see Jones v. Haberaham, 107 U. S. 174. A child
en ventre is considered as in being. Foetal existence is within the
statute. Phillips v....
|Country of origin:
||246 x 189 x 21mm (L x W x T)
||Paperback - Trade
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