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Remainder (law)
In property law of the United Kingdom and the United States and other common law countries, a remainder is a future interest given to a person (who is referred to as the transferee or remainderman) that is capable of becoming possessory upon the natural end of a prior estate created by the same instrument. Thus, the prior estate must be one that is capable of ending naturally, for example upon the expiration of a term of years or the death of a life tenant. A future interest following a fee simple absolute cannot be a remainder because of the preceding infinite duration. For example: : A person, , conveys (gives) a piece of real property called "Blackacre" "to for life, and then to and her heirs". :* receives a life estate in Blackacre. :* holds a ''remainder'', which can become ''possessory'' when the prior estate naturally terminates ('s death). However, cannot claim the property during 's lifetime. There are two types of remainders in property law: ''vested'' and ''conting ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Property Law
Property law is the area of law that governs the various forms of ownership in real property (land) and personal property. Property refers to legally protected claims to resources, such as land and personal property, including intellectual property. Property can be exchanged through contract law, and if property is violated, one could sue under tort law to protect it. The concept, idea or philosophy of property underlies all property law. In some jurisdictions, historically all property was owned by the monarch and it devolved through feudal land tenure or other feudal systems of loyalty and fealty. History Though the Napoleonic code was among the first government acts of modern times to introduce the notion of absolute ownership into statute, protection of personal property rights was present in medieval Islamic law and jurisprudence, and in more feudalist forms in the common law courts of medieval and early modern England. Theory The word ''property'', in everyday ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hereditary Peer
The hereditary peers form part of the peerage in the United Kingdom. As of September 2022, there are 807 hereditary peers: 29 dukes (including five royal dukes), 34 marquesses, 190 earls, 111 viscounts, and 443 barons (disregarding subsidiary titles). Not all hereditary titles are titles of the peerage. For instance, baronets and baronetesses may pass on their titles, but they are not peers. Conversely, the holder of a non-hereditary title may belong to the peerage, as with life peers. Peerages may be created by means of letters patent, but the granting of new hereditary peerages has largely dwindled; only seven hereditary peerages have been created since 1965, four of them for members of the British royal family. As a result of the Peerage Act 1963 all peers except those in the peerage of Ireland were entitled to sit in the House of Lords, but since the House of Lords Act 1999 came into force only 92 hereditary peers, elected by and from all hereditary peers, are perm ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Doctrine Of Worthier Title
In the common law of England, the doctrine of worthier title was a legal doctrine that preferred taking title to real estate by descent over taking title by devise or by purchase. It essentially provides that a remainder cannot be created in the grantor's heirs, at least not by those words. The rule provided that where a testator undertook to convey an heir the same estate in land that the heir would take under the laws of inheritance, the heir would be adjudged to have taken title to the land by inheritance rather than by the conveyance, because descent through the bloodline was held to be "worthier" than a conveyance through a legal instrument. History of the doctrine The doctrine of worthier title, like the Rule in Shelley's Case, had its origin in attempts by royal courts to defeat various devices contrived by lawyers during the era of feudalism to retain lands in their families while avoiding feudal duties, and to secure its free alienability. The creation of family settl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rule In Shelley's Case
The Rule in ''Shelley's Case'' is a rule of law that may apply to certain future interests in real property and trusts created in common law jurisdictions.Moynihan, Cornelius, ''Introduction to the Law of Real Property'', 3d Edition, West Group (St. Paul: 2002). It was applied as early as 1366 in ''The Provost of Beverly's Case'' but in its present form is derived from ''Shelley's Case'' (1581), in which counsel stated the rule as follows: The rule was reported by Lord Coke in England in the 17th century as well-settled law. In England, it was abolished by the Law of Property Act 1925. During the twentieth century, it was abolished in most common law jurisdictions, including the majority of the states of the United States. However, in states where the abrogation has been interpreted to apply only to conveyances made after abrogation, the relevance of the rule today varies from jurisdiction to jurisdiction and in many states remains unclear. History The 1366 application of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Future Interest
In property law and real estate, a future interest is a legal right to property ownership that does not include the right to present possession or enjoyment of the property. Future interests are created on the formation of a defeasible estate; that is, an estate with a condition or event triggering transfer of possessory ownership. A common example is the landlord-tenant relationship. The landlord may own a house, but has no general right to enter it while it is being rented. The conditions triggering the transfer of possession, first to the tenant then back to the landlord, are usually detailed in a lease. As a slightly more complicated example, suppose O is the owner of Blackacre. Consider what happens when O transfers the property, "to A for life, then to B". Person A acquires possession of Blackacre. Person B does not receive any right to possess Blackacre immediately; however, once person A dies, possession will fall to person B (or his estate, if he died before person A) ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Executory Interest
In property law and real estate, a future interest is a legal right to property ownership that does not include the right to present possession or enjoyment of the property. Future interests are created on the formation of a defeasible estate; that is, an estate with a condition or event triggering transfer of possessory ownership. A common example is the landlord-tenant relationship. The landlord may own a house, but has no general right to enter it while it is being rented. The conditions triggering the transfer of possession, first to the tenant then back to the landlord, are usually detailed in a lease. As a slightly more complicated example, suppose O is the owner of Blackacre. Consider what happens when O transfers the property, "to A for life, then to B". Person A acquires possession of Blackacre. Person B does not receive any right to possess Blackacre immediately; however, once person A dies, possession will fall to person B (or his estate, if he died before person A) ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Earl De La Warr
Earl De La Warr ( ) is a title in the Peerage of Great Britain. It was created in 1761 for John West, 7th Baron De La Warr. The Earl holds the subsidiary titles of Viscount Cantelupe (1761) in the Peerage of Great Britain, Baron De La Warr (1572) in the Peerage of England, and Baron Buckhurst, of Buckhurst in the County of Sussex (1864) in the Peerage of the United Kingdom. The barony De La Warr is of the second creation; however, it bears the precedence of the first creation, 1299, and has done so since shortly after the death of William West, 1st Baron De La Warr. The family seat is Buckhurst Park, near Withyham, Sussex. Etymology The name ''de La Warr'' is from Sussex and of Anglo- French origin. It may have come from ''La Guerre'', a Norman ''lieu-dit''. This toponymic could derive from the Latin word ''ager'', from the Breton ''gwern'' or from the Late Latin ' (fallow). The toponyms Gara, Gaire also appear in old texts cited by Lucien Musset, where the word ''ga(i)ra'' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Baron Buckhurst
The title Baron Buckhurst has been created twice; once in the Peerage of England and once in the Peerage of the United Kingdom. It was first created in 1567 for Thomas Sackville, MP for East Grinstead and Aylesbury. He was later created Earl of Dorset in 1604. That creation became extinct in 1843. It was next created in 1864 for Elizabeth Sackville-West, Countess De La Warr, the sister of the 4th Duke (and 10th Earl) of Dorset, wife of the 5th Earl De La Warr, with special remainder intended to keep it separate from the earldom. Lady De La Warr was thus succeeded in the barony by her second son. When he also succeeded his brother as 7th Earl De La Warr, the Buckhurst title would have passed immediately to the next brother (Mortimer, later created Baron Sackville), but the House of Lords found such "shifting remainders" invalid (''Buckhurst Peerage Case'') and the titles became inseparable. Barons Buckhurst (1567) *Thomas Sackville, 1st Earl of Dorset (c. 1536–1608), styl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Citation
Legal citation is the practice of crediting and referring to authoritative documents and sources. The most common sources of authority cited are court decisions (cases), statutes, regulations, government documents, treaties, and scholarly writing. Typically, a proper legal citation will inform the reader about a source's authority, how strongly the source supports the writer's proposition, its age, and other, relevant information. This is an example citation to a United States Supreme Court court case: :::''Griswold v. Connecticut'', 381 U.S. 479, 480 (1965). This citation gives helpful information about the cited authority to the reader. * The names of the parties are Griswold and Connecticut. Generally, the name of the plaintiff (or, on appeal, petitioner) appears first, whereas the name of the defendant (or, on appeal, respondent) appears second. Thus, the case is ''Griswold v. Connecticut''. * The case is reported in volume 381 of the United States Reports (abbreviated "U. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Buckhurst Peerage Case
The British Peerage is governed by a body of law that has developed over several centuries. Much of this law has been established by a few important cases, and some of the more significant of these are addressed in this article. Peerage disputes The Crown, as ''fount of honour'', may determine all petitions claiming peerages. The Sovereign upon the Attorney-General's advice can grant the claim or, in contentious matters, send it to the House of Lords, who in turn send it to the Select Committee for Privileges. (The House of Lords appoints 16 peers – including the Chairman of Committees – to the Committee.) Next, the sovereign makes a final decision based upon the Committee for Privileges' recommendation. The Committee for Privileges also has a role in terminating abeyant peerages. A co-heir may petition the sovereign for a termination of the abeyance in his or her favour; the sovereign can choose to grant the petition, but if there is any doubt as to the petitioner ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Duke Of Dover
Duke is a male title either of a monarch ruling over a duchy, or of a member of royalty, or nobility. As rulers, dukes are ranked below emperors, kings, grand princes, grand dukes, and sovereign princes. As royalty or nobility, they are ranked below princess nobility and grand dukes. The title comes from French ''duc'', itself from the Latin ''dux'', 'leader', a term used in republican Rome to refer to a military commander without an official rank (particularly one of Germanic or Celtic origin), and later coming to mean the leading military commander of a province. In most countries, the word ''duchess'' is the female equivalent. Following the reforms of the emperor Diocletian (which separated the civilian and military administrations of the Roman provinces), a ''dux'' became the military commander in each province. The title ''dux'', Hellenised to ''doux'', survived in the Eastern Roman Empire where it continued in several contexts, signifying a rank equivalent to a captain o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Earl Amherst
Earl Amherst (), of Arracan in the East Indies, was a title in the Peerage of the United Kingdom. It was created on 19 December 1826, for William Amherst, 2nd Baron Amherst, the Governor-General of India. He was made Viscount Holmesdale, in the County of Kent, at the same time, also in the Peerage of the United Kingdom. Lord Amherst had succeeded his uncle Jeffery Amherst, 1st Baron Amherst, as second Baron Amherst in 1797. The latter was a distinguished military commander best known as one of the victors of the French and Indian War. In 1776, he was raised to the Peerage of Great Britain as Baron Amherst, of Holmesdale in the County of Kent, with normal remainder to heirs male of his body. In 1788, he was created Baron Amherst, of Montreal in the County of Kent, also in the Peerage of Great Britain, with special remainder to his nephew William Pitt Amherst and the heirs male of his body. The 1776 barony became extinct on his death in 1797, while he was succeeded in the 1778 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
