when in contrast with the setlor to the strict land settlement, I am sure he means,wserra wrote: ↑Tue Aug 20, 2019 9:25 pmI am in the process of retiring after a forty-four-year career as a litigator. A medmal trial coming up right after Labor Day, two more medmals and an automotive products case through the middle of next year, then I'm done. I'm fortunate to be able to retire, especially since our youngest is starting in two weeks at an Ivy League school.
Whatever would I do without some anonymous zlub assuring me that, as soon as I open my mouth, I lose?
from system of conveyance in canada, link available upon request,
and is based on this,,,
https://archive.org/download/areadablee ... df#page=53A Readable Edition of Coke Upon Littleton pdf page 53
A lawful or pure inheritance] Here it is well put in the disjunctive lawful or pure, for every fee-simple is not lawful. A disseisor, abator,intruder, usurper, &c. Have a fee-simple, has it either by purchase or descent. If by wrong, then either by disseisin, intrusion,abatement,usurpation, &c.
Pg 511 pdf
But since Littleton wrote, all uses are transferred by act of parliament into possession, so that the case which littleton here puts is thereby altered. Yet it is necessary to be known what the common law was before the making of the statute, [otherwise the application of the statute could not be discovered]
nota. A use is a trust or confidence reposed in some other, which is not out of the land, but as a thing collateral thereto and annexed in privity to the estate of the land, and to the person touching the land, scilicet, that Cestui Que us shall take the profit, and that the ter-tenant shall make an estate according to his direction. So that cestui que use had neither jus un re nor jus ad rem, but only only a confidence and trust, for which he had no remedy by common law, but for breach of trust his only remedy was by subpena in chancery.
Pg 590 No remitter if one estate be at common law and other under stat of use.
The reason is no folly can be attributed to the infant in accepting the feoffment at the time it was made. Hence therefore, in this case the law respects the time of the foeffment, and not the time of the death: and albeit the infant might have waived the estate at his full age, yet [seeing that would be to his loss and prejudice, he shall have the benefit of the feoffment till his ancestor's death,when] the right of the estate tail descending on him either within age, or of full age, shall work a remitter[to his estate in tail]. But since littleton wrote, there is a great alteration in remitters by the statute of uses H.8.c.10; for if a tenant in tail now make a feoffment in fee to the us of his son (within age) and his heirs, and dies, and the right of the estate tail descends to the son within age, yet he in not remitted, because the statute executes the possession in such plight, manner, and form, as the use was limited; [ whereby the issue is in, not of the estate discontinued, but of a new use under the statute]. But if the issue in tail in this case waives the possession, and bring a formedon in the descender, and recover against the feoffees, he shall thereby be remitted to the estate tail; otherwise the lands may be so incumbered that the issue in tail would be at great inconvenience; but if no formedon be brought, and that issues dies, his issue shall be remitted; because an estate in fee-simple at common law descends upon him.
equity is not lawful unless you accept the statute of use title that is now law of property...
Part I
General Principles as to Legal Estates, Equitable Interests and Powers
1 Legal estates and equitable interests.
(1)The only estates in land which are capable of subsisting or of being conveyed or created at law are—
(a)An estate in fee simple absolute in possession;
(b)A term of years absolute.
(2)The only interests or charges in or over land which are capable of subsisting or of being conveyed or created at law are—
(a)An easement, right, or privilege in or over land for an interest equivalent to an estate in fee simple absolute in possession or a term of years absolute;
(b)A rentcharge in possession issuing out of or charged on land being either perpetual or for a term of years absolute;
(c)A charge by way of legal mortgage;
(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 and any other similar charge on land which is not created by an instrument;
(e)Rights of entry exercisable over or in respect of a legal term of years absolute, or annexed, for any purpose, to a legal rentcharge.
(3)All other estates, interests, and charges in or over land take effect as equitable interests.
(4)The estates, interests, and charges which under this section are authorised to subsist or to be conveyed or created at law are (when subsisting or conveyed or created at law) in this Act referred to as “legal estates,” and have the same incidents as legal estates subsisting at the commencement of this Act; and the owner of a legal estate is referred to as “an estate owner” and his legal estate is referred to as his estate.
(5)A legal estate may subsist concurrently with or subject to any other legal estate in the same land in like manner as it could have done before the commencement of this Act.
(6)A legal estate is not capable of subsisting or of being created in an undivided share in land or of being held by an infant.
(7)Every power of appointment over, or power to convey or charge land or any interest therein, whether created by a statute or other instrument or implied by law, and whether created before or after the commencement of this Act (not being a power vested in a legal mortgagee or an estate owner in right of his estate and exercisable by him or by another person in his name and on his behalf), operates only in equity.
(8)Estates, interests, and charges in or over land which are not legal estates are in this Act referred to as “equitable interests,” and powers which by this Act are to operate in equity only are in this Act referred to as “equitable powers.”
(9)The provisions in any statute or other instrument requiring land to be conveyed to uses shall take effect as directions that the land shall (subject to creating or reserving thereout any legal estate authorised by this Act which may be required) be conveyed to a person of full age upon the requisite trusts.
(10)The repeal of the Statute of Uses (as amended) does not affect the operation thereof in regard to dealings taking effect before the commencement of this Act.
wonder if we need to review law of repeals and subject matter, since once again law of property and settled land act is 2 different subject matters, one is under a trust of land, the other is the GIFT of land to join the group..................
