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" Decided:—That where the ancestor takes an estate of freehold, and in the same gift or conveyance an estate is limited, either mediately or immediately, to his heirs or the heirs of his body... "
Reports of Cases Argued and Determined in the Courts of Exchequer and ... - Page 1121
by Great Britain. Court of Exchequer, Robert Philip Tyrwhitt, Thomas Colpitts Granger - 1837 - 1199 pages
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The Reports of Sir Edward Coke, Knt: In Thirteen Parts, Volume 1

Sir Edward Coke - Law reports, digests, etc - 1826 - 734 pages
...been variously defined by different writers, (see 1 Prest. Est. 263—265.) and may be thus stated; " that where in any instrument an estate for life is...either mediately, or immediately, to his heirs, or heirs of his body, as a class to take in succession as heirs to him, the word " heirs" is a word of...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 9

Tennessee. Supreme Court, George Shall Yerger - Law reports, digests, etc - 1836 - 640 pages
...remainder, (either with or without an intervening estate,) of the same legal or equitable character, to his heirs, or the heirs of his body, as a class of persons to take in succession; the limitation to the heirs, entitles the ancestor to the whole estate....
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An Essay on the Learning of Contingent Remainders and Executory ..., Volume 2

Charles Fearne, Charles Butler - Executory interests - 1845 - 488 pages
...deed or will, a remainder of the same quality, as legal or equitable, is afterwards limited, whether mediately or immediately, to his heirs or the heirs of his body, e by that description, and in that character,(e) or to his heir or the heir of his body, in the (c)...
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The Elements of Law: Being a Comprehensive Summary of American ..., Volume 654

Francis Hilliard - Law - 1848 - 480 pages
...one takes an estate of freehold, and in the same instrument there is a limitation by way of remainder to his heirs, or the heirs of his body, as a class of persons to take in succession ; instead of making a contingent remainder to the heirs, it gives...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 5

Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1855 - 648 pages
...the case under consideration. That rule is this: " Where a freehold is limited to one for life, and by the same instrument, the inheritance is limited, either mediately or immediately, to heirs or heirs of his body, the first taker takes the whole estate, either in fee simple or fee tail;...
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A Selection of Leading Cases on Real Property, Conveyancing, and the ...

Owen Davies Tudor - Conveyancing - 1856 - 942 pages
...Rule, that where the ancestor takes an estate of freehold, and in the same gift or conveyance an estate is limited, either mediately or immediately, to his heirs, or the heirs of his body, the word " heirs" is a word of limitation and not of purchase ; so that the ancestor takes the whole...
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Cases Argued and Adjudged in the Supreme Court of Florida, Volume 9

Florida. Supreme Court - Law reports, digests, etc - 1861 - 596 pages
...without the interposition of another estate, of an interest of the same legal or equitable quality to his heirs or the heirs of his body as a class of persons to take in succession from generation to generation, the limitation to the heirs entitles...
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Albany Law Journal, Volume 10

Law - 1874 - 436 pages
...Decided, That where the ancestor takes an estate of freehold, and in the same gift or conveyance an estate is limited, either mediately or immediately, to his heirs or the heirs of his body, the word ' heirs ' is a word of limitation, and not of purchase ; so that the ancestor takes the whole...
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A Compendium of the Law of Real and Personal Property Primarily ..., Volume 1

Josiah William Smith - Conveyancing - 1870 - 738 pages
...deed or will, a remainder of the same quality, as legal or equitable, is afterwards limited, whether mediately or immediately, to his heirs or the heirs of his body, by that description and in that character, or to his heir or the heir of his body, in the singular...
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Reports of Cases Argued and Determined in the Supreme Court of Ohio, Volume 12

Ohio. Supreme Court - Law reports, digests, etc - 1873 - 500 pages
...Lessee v. Moore's Heirs, 5 Ohio, 465. The rule is, where a freehold is limited to one for life, and, by the same instrument, the inheritance is limited,...either mediately, or immediately, to his heirs, or to the heirs of his body, the first taker takes the whole estate, either in fee simple or in fee tail...
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