
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 Excerpt:...7 N. H. 9, 26 Am. Dec. 723; Richman i'. Lippincott, 29 X. J. L. 44; Ransley v. Stott. 26 Pa. St. 126; Carter r. McMichael, 10 Serg. & R. (Pa.) 429; ShaTp r. Thompson, 1 Whart. (Pa.) 139. In Pennsylvania common recovery as a means of barring estates tail was expressly authorized by statute, but the statute was held to be merely declaratory of the common law of that state. Lyle v. Richards, 9 Serg. R. 322; Dunwoodic v. Reed, 3 Serg. & R. 435; Xokes r. Smith, 1 Yeates 338. 44. Maslin r. Thomas, 8 Gill (Md.) 18. Statutory abolition or modification of estates tail see supra. III, F. Statutes authorizing conveyance of estates tail see infra, III, G. 5. In England common recoveries were abolished by 3 & 4 Wm. IV, c. 74, authorizing tenants in tail to alienate the land in fee simple. Tiffany Real Prop. 67. 2. By Lease. The next mode of barring estates tail was by virtue of a statute45 whereby certain leases made by tenants in tail were allowed to be good in law and bind the issue in tail.46 3. By Fine. A later statute47 provided that a fine duly levied by a tenant in tail should be a complete bar to him and his heirs, and all persons claiming under the entail.48 Fines as a means of barring estates tail were recognized in this country in a few of the states until they were abolished by statute. 4. By Appointment To Charitable Uses. A later statute50 provided that an appointment by a tenant in tail of the lauds entailed to a charitable use should be good without fine or recovery.51 This means of barring estates tail is not recognized in this country.52 5. By Conveyance By Deed. In the absence of statute a tenant in tail can convey only a base fee subject to be defeated at his death by the entry of his issue.58 It is now provided by statute both in England...
Page Count:
946
Publication Date:
2012-03-06
ISBN-10:
113004310X
ISBN-13:
9781130043105
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