 | Sir Edward Coke, Sir Thomas Littleton, John Henry Thomas - Land tenure - 1818 - 752 pages
...to establish, is, that whenever a decise gives to Ihe heir Hie same estate in quality a* lie «otild have by descent, he shall take by the latter, which is the title mott favoured by the law ; and that inertly charging the estate with debt« or legacies will not break... | |
 | Charles Barton - Conveyancing - 1822 - 690 pages
...be in of it '. Dense to the Wherever a devise of lands, of which a person is seised a parte materna, gives to the heir the same estate in quality as he would take by descent, although he charge them with debts or other incumbrances, the heir shall be in by... | |
 | Sir Edward Coke, John Henry Thomas - Land tenure - 1827 - 884 pages
...quality as he would have by drscenl, he shall take by the IH.'I'T, which ie the title most favour«! by the law ; and that merely charging the estate with...subject as the result of the long list of cases before rited, if this was thr proper place for a discussion so nice ami difficult.— [Hargr. nt 12 b. (63).]... | |
 | Great Britain. Court of Chancery, Robert Henley Eden Baron Henley - Equity - 1827 - 594 pages
...making good the said articles. (Keg. Lib. Min.) It is a positive rule of law, that wherever a devise gives to the heir the same estate in quality as he...would have by descent, he shall take by the latter. Vin. Ah. Heir, W. 1, 2. & Mr. Hargrove's note, Co. Lit. 12. b. where all the authorities are collected,... | |
 | Jacob D. Wheeler - Common law - 1835 - 632 pages
...v. ENLAWS, Spring T. 1821. 3 Marsh. Ky. Rep. 230. Detinue for slaves. A bequest 16. in* 'hem \ ise gives to the heir the same estate in quality as he would have ia:e ih<y by descent, he shall take by the latter title. •would other wise lake, -10 tlieytikc 10>... | |
 | Sir Edward Coke, John Henry Thomas - Land tenure - 1836 - 796 pages
...principle, which this and the other authorities seem clearly to establish, is, that whenever a devise gives to the heir the same estate in quality as he would have by descent, he shall take by the lattir, which is the title most favoured by the law ; and that merely charging the estate with debts... | |
 | Hiram Denio - Law reports, digests, etc - 1859 - 652 pages
...language might be used which would effect this change. It is a leading principle " that whenever a devise gives to the heir the same estate in quality as he would have by descent he shall take by the lattet which is the title most favored by the law." (Harg. Nofcs to 1 lust. 12 b, note 63.) This .principle... | |
 | Law - 1875 - 462 pages
...for life to a fee simple." 2 Black. Com. 242. "One leading principle * * * is that whenever a devisee gives to the heir the same estate in quality as he...would (have) by descent, he shall take by the latter (descent), which is the title most favored by law, and that merely charging the estate with debts or... | |
 | Frederick Pollock - 1885 - 544 pages
...his father's will ? A note of Hargrave arid Butler was quoted as laying down that 'whenever a devise gives to the heir the same estate in quality as he...latter, which is the title most favoured by the law.' The Court held that this rule did not favour the claim, since an estate by devise differed from one... | |
 | Frederick Pollock - Law - 1885 - 568 pages
...his father's will ? A note of Hargrave and Butler was quoted as laying down that 'whenever a devise gives to the heir the same estate in quality as he...latter, which is the title most favoured by the law.' The Court held that this rule did not favour the claim, since an estate by devise differed from one... | |
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Butler was quoted as laying down that 'whenever a devise gives to the heir the same estate in quality as he would have by descent, he shall take by the latter, which is the title most favoured by the law.' The Court held that this rule did not favour... 