Volume 200, Volume 3, Page 602 View pdf image (33K) |
WWKSL RELATION, DOCTRINE OF. V.. • ^ See COMVERSIOK OF REAI.TT nwB-f'BBBOtfM.Tit', S W S. '' . RELEASE. 5eeG(JARDIASAllBWARO,2tO?. ' .' ' ' ; REMAINDERMEN; • The intervention of a freehold estate, between the possession and the re-. mainder, prevents the owner of the latter from -beittg wil(d,m»d, in the case of real estate, claimed bydtaoent, wouM prevent thirlStHKitederman from becoming the stock of inheriiance, though not if sequirta by par- ehsse. .Roftertton vs. Parki,€S. RENT. • - ' • ""• See FIXTUIIES, 8. • , , . RENTS AND PROFITS. See WILLS, &.C., 5, 7, 9. REPAIRS. See ImriioTEMEKTS, &c. ' • ' REPLEVIN. • - ' 5ee.JiJRlsi)ieTlOB,4. ' ' " ' RESULTING TRUSTS. ; ' See TRUSTS, 6, 7,6. '1:' ' • ' • •'•' 1';'" ; RULES FOR FINDING PRESENT VAI-WOf A-LIFB USHrBREaT. 1. The ancient rule of the Court, fixing the allowance to a Woman in lieu of dower, applies in all eases where it becomes Btcetgary to BBtehain the present value of a life interest. Abercromkie V. •Siddle,WO.' 2. This rule having been sanctioned by the Court of Apperfs, in the case of Dorsey vs. Smith, 7 H. Sy J., 845, the authority of this Cbttt to change it is questionable; and even if it could do so with propriBly, taa change should be prospective, and not so W W «neet an actually depending case. Ib. * " 3. The Courts have no diBpensing power over their rnlesandlongtisiabliabed practice, and the party to whose prejudice «ti innovation upon the rule of Court is made, has a right to seek. redress in the Appantte Court. Ib. 4. This role has reference to the case of a haslthy person, and trhere the cestui aue vie is of infirm beRtth, an abatement of the allowance must be made therefor; this is as imperatively required by the rule, lithe ratio of' distribution prescribed by it. A. 5. The cestui que vie was fifty-three yeara of age at the time of sate, and it was proved that her health was infirm, that her consiituiion naver had been robust, and that her lungs were diaeiwd. HtLD, ' That five years was a sufficiently targe addition to her t^e, cm account . of ill health. Ib. SALES. See PRACTICE I» CHAKCERT; 7i 8. ' ' ; SALKS »» TRBST»I».. :<•:.:•. . '. SALES BY TRUSTEES. <! 1. The advertisement is not the contract of the parties, and it is ttie constant practice of trustees to introtluee oiher tera)tfof sale, and •m»ke known to bidders at the thne of the sate, facts and circunWaHees nffireHng the title or value of the propttly not mentioned in the aaTertisenw'nt'; »nd parol proof of suck facts is always admitted when it btcometftiecegBary to re- |
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Volume 200, Volume 3, Page 602 View pdf image (33K) |
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