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"a practical treatise of powers"
by edward burtenshaw sugden
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Author: edward burtenshaw sugden

Law » Private Law

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“Simplicity was the striking feature of the common law, in regards as well to the estates which might be created, as to the modes by which they might be raised. Estates could only be limited in possession, or by way of remainder, that is, on the natural expiration of the preceding estate…”
By a British lawyer, judge and Conservative politician, Edward Burtenshaw Sugden.

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ISBN: 1240098227

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...said, that it was to be granted that the statute doth divest all out of the feoffees, yet it doth not di- vest it before that the use be vested in cestui que use ; the vesting of the use ought to precede the execution of the possession to it. And he was of opinion, that this future use limited to the second wife did remain in the feoffees at first, but that they had destroyed it by their feoffment. He, as well as Manwood, held, that the feoffees had a fee simple determinable until the future use arose. He expressly said, that the interest which the feoffees had in the interim, until the execution of all the uses, was a fee simple determinable, for the v/hole interest was not divested or driven out of the feoffees until the whole ^ trust were accomplished, that is, until all the uses limited upon the feoffment were executed, and had their full per- fection. This is according to Leonard's, which is by far the best report of the case. According to Dyer's own re- c 3 port;, 22 OF SCINTILLA...

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