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Rule Against Perpetuities
The rule against perpetuities is a legal rule in common law that prevents people from using legal instruments (usually a deed or a will) to exert control over the ownership of private property for a time long beyond the lives of people living at the time the instrument was written. Specifically, the rule forbids a person from creating future interests (traditionally contingent remainders and executory interests) in property that would vest beyond 21 years after the lifetimes of those living at the time of creation of the interest, often expressed as a "life in being plus twenty-one years". In essence, the rule prevents a person from putting qualifications and criteria in a deed or a will that would continue to affect the ownership of property long after he or she has died, a concept often referred to as control by the "dead hand" or "'' mortmain''". The basic elements of the rule against perpetuities originated in England in the 17th century and were "crystallized" into a sin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Henry Howard, 6th Duke Of Norfolk
Henry Howard, 6th Duke of Norfolk (12 July 162813 January 1684) was an English nobleman and politician. He was the second son of Henry Howard, 22nd Earl of Arundel, and Lady Elizabeth Stuart. He succeeded his brother Thomas Howard, 5th Duke of Norfolk, after Thomas's death in 1677. Life Henry Howard's older brother Thomas contracted a fever while visiting their grandfather Thomas in Padua in 1645 that subsequently left him mentally disabled and unable to administer his own affairs. There was near unanimity in the House of Lords in persuading King CharlesII to revive the Dukedom of Norfolk for the Howard family in 1660 but, as this descended from Henry's great-great-grandfather Thomas to his brother Thomas who was still confined to an asylum in Padua, Henry managed the duchy's affairs in his name. Following the Great Fire of London in 1666, Henry Howard allowed the Royal Society to meet regularly at Arundel House. Having befriended John Evelyn, he followed Evelyn's g ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australia
Australia, officially the Commonwealth of Australia, is a country comprising mainland Australia, the mainland of the Australia (continent), Australian continent, the island of Tasmania and list of islands of Australia, numerous smaller islands. It has a total area of , making it the list of countries and dependencies by area, sixth-largest country in the world and the largest in Oceania. Australia is the world's flattest and driest inhabited continent. It is a megadiverse countries, megadiverse country, and its size gives it a wide variety of landscapes and Climate of Australia, climates including deserts of Australia, deserts in the Outback, interior and forests of Australia, tropical rainforests along the Eastern states of Australia, coast. The ancestors of Aboriginal Australians began arriving from south-east Asia 50,000 to 65,000 years ago, during the Last Glacial Period, last glacial period. By the time of British settlement, Aboriginal Australians spoke 250 distinct l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Florida
Florida ( ; ) is a U.S. state, state in the Southeastern United States, Southeastern region of the United States. It borders the Gulf of Mexico to the west, Alabama to the northwest, Georgia (U.S. state), Georgia to the north, the Atlantic Ocean to the east, the Straits of Florida to the south, and The Bahamas to the southeast. About two-thirds of Florida occupies a peninsula between the Gulf of Mexico and the Atlantic Ocean. It has the List of U.S. states by coastline, longest coastline in the contiguous United States, spanning approximately , not including its many barrier islands. It is the only state that borders both the Gulf of Mexico and the Atlantic Ocean. With a population of over 23 million, it is the List of U.S. states and territories by population, third-most populous state in the United States and ranks List of states and territories of the United States by population density, seventh in population density as of 2020. Florida spans , ranking List of U.S. states ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cy-près Doctrine
The cy-près doctrine ( ; Law French, , modern French: ''si près'' or ''aussi près'') is a legal doctrine which allows a court to amend a legal document to enforce it "as near as possible" to the original intent of the instrument, in situations where it becomes impossible, impracticable, or illegal to enforce it under its original terms. The doctrine first arose in the English courts of equity, originating in the law of charitable trusts, but it has since been applied in the context of class action settlements in the United States. An example of the doctrine's application is found in the Massachusetts Supreme Judicial Court case ''Jackson v. Phillips'', where the testator, Francis Jackson, created a trust to be used to "create a public sentiment that will put an end to negro slavery in this country". Four years after Jackson's death, slavery was abolished by the Thirteenth Amendment, nullifying the express purpose of the trust. Some of Jackson's family members attempted t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States
The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 contiguous states border Canada to the north and Mexico to the south, with the semi-exclave of Alaska in the northwest and the archipelago of Hawaii in the Pacific Ocean. The United States asserts sovereignty over five Territories of the United States, major island territories and United States Minor Outlying Islands, various uninhabited islands in Oceania and the Caribbean. It is a megadiverse country, with the world's List of countries and dependencies by area, third-largest land area and List of countries and dependencies by population, third-largest population, exceeding 340 million. Its three Metropolitan statistical areas by population, largest metropolitan areas are New York metropolitan area, New York, Greater Los Angeles, Los Angel ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Republic Of Ireland
Ireland ( ), also known as the Republic of Ireland (), is a country in Northwestern Europe, north-western Europe consisting of 26 of the 32 Counties of Ireland, counties of the island of Ireland, with a population of about 5.4 million. Its capital city, capital and largest city is Dublin, on the eastern side of the island, with a population of over 1.5 million. The sovereign state shares its only land border with Northern Ireland, which is Countries of the United Kingdom, part of the United Kingdom. It is otherwise surrounded by the Atlantic Ocean, with the Celtic Sea to the south, St George's Channel to the south-east and the Irish Sea to the east. It is a Unitary state, unitary, parliamentary republic. The legislature, the , consists of a lower house, ; an upper house, ; and an elected President of Ireland, president () who serves as the largely ceremonial head of state, but with some important powers and duties. The head of government is the (prime minister, ), ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Perpetuities And Accumulations Act 2009
The Perpetuities and Accumulations Act 2009 (c. 18) is an Act of the Parliament of the United Kingdom that reforms the rule against perpetuities. The Act resulted from a Law Commission report published in 1998. It abolishes the rule against perpetuities in most non-trust contexts, such as easement An easement is a Nonpossessory interest in land, nonpossessory right to use or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B" ...s. In relation to wills, however, the Act only applies to wills drawn up after 6 April 2010. A will drawn up before 6 April but executed later (upon the death of the testator) will continue to be bound by prior rules. Commencement Sections 22 to 24 came into force on 12 November 2009 Sections 1 to 21 and the Schedule came into force on 6 April 2010.The Perpetuities and Accumulations Act 2009, section 22(2); the Perpetuities and Accumu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Perpetuities And Accumulations Act 1964
The Perpetuities and Accumulations Act 1964 (c. 55) is an act of the Parliament of the United Kingdom. In English land law it reformed the rule against perpetuities The rule against perpetuities is a legal rule in common law that prevents people from using legal instruments (usually a deed or a will) to exert control over the ownership of private property for a time long beyond the lives of people living at .... Overview The Act includes the establishment of a defined perpetuity period, which set a limit on how long future interests could be held in abeyance. This period was generally 80 years from the date of creation of the interest, although specific conditions could extend this period under certain circumstances. It also addressed the rule against excessive accumulations of income, which previously allowed for income to be accumulated indefinitely under certain trust provisions. The reforms introduced a statutory limitation on how long income could be accumulated befor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Commission (England And Wales)
In England and Wales the Law Commission () is an independent law commission set up by Parliament by the Law Commissions Act 1965 to keep the law of England and Wales under review and to recommend reforms. The organisation is headed by a Chair (a judge of the High Court or Court of Appeal, currently Sir Peter Fraser LJ) and four Law Commissioners. It proposes changes to the law that will make the law simpler, more accessible, fairer, modern and more cost-effective. It consults widely on its proposals and in the light of the responses to public consultation, it presents recommendations to the UK Parliament that, if legislated upon, would implement its law reform recommendations. The commission is part of the Commonwealth Association of Law Reform Agencies. Activities The Law Commissions Act 1965 requires the Law Commission to submit "programmes for the examination of different branches of the law" to the Lord Chancellor for his approval before undertaking new work. Every t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reverter
A reversion in property law is a future interest that is retained by the grantor after the conveyance of an estate of a lesser quantum than he has (such as the owner of a fee simple granting a life estate or a leasehold estate A leasehold estate is an ownership of a temporary right to hold land or property in which a lessee or a tenant has rights of real property by some form of title from a lessor or landlord. Although a tenant does hold rights to real property, a le ...). Once the lesser estate comes to an end (the lease expires or the life estate tenant dies), the property automatically reverts (hence ''reversion'') back to the grantor. References Property law {{law-term-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fee Simple
In English law, a fee simple or fee simple absolute is an estate in land, a form of freehold ownership. A "fee" is a vested, inheritable, present possessory interest in land. A "fee simple" is real property held without limit of time (i.e., permanently) under common law, whereas the highest possible form of ownership is a "fee simple absolute", which is without limitations on the land's use (such as qualifiers or conditions that disallow certain uses of the land or subject the vested interest to termination). The rights of the fee-simple owner are limited by government powers of taxation, compulsory purchase, Law enforcement in the United Kingdom#Powers of officers, police power, and escheat, and may also be limited further by certain encumbrances or conditions in the deed, such as, for example, a condition that required the land to be used as a public park, with a reverter, reversion interest in the grantor if the condition fails; this is a fee simple conditional. History ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
