A New Abridgement of the Law volume 4

Cover A New Abridgement of the Law volume 4
A New Abridgement of the Law volume 4
Matthew Bacon
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Bro. Devife But as to Perfonal Goods and Chattels, it was formerly held, that '3- they in their own Nature were incapable of any Limitation over, be- ^vw. 521. J n g Things tranfitory, and bymany Accidents fubject to be loft, de- i Co. 94. Ftroyed or otherwife impaired, and the Exigencies of Trade requiring a frequent Circulation thereof, in which they differ from Lands and Te- nements which are permanent, and therefore what is called an Ejiate in Lands is termed Property in Perfonal Chattels ;... and hence it was held, that a Grant or Devife of a Perfonal Thing to one, though but for an Hour or Minute, was a Gift for ever, and an abfolute Difpofition of the intire Property. Vide Tit. De- Hence it came to pafs, that it was a long Time ere the Courts of wife under Li- Juftice could be prevailed on to have any Regard for a Devife over nutations of ever) f a Chattel Real, or a Term for Years after an Eftate for Life Years* ^ h m ' te d thereon, becaufe the Eftate for Life being in the Eye of the Law of greater Regard and Confideration than an Eftate for Years, they thought he, who had it deviled to him for Life, had therein in- cluded all that the Devifor had a Power to difpofe of $ but now fuch Remainders over are allowed under the Name of Executory Devifes, and are eftabliftud both in Courts of Law and Equity, provided they tend not to a Perpetuity, fo as to make Eftates unalienable.

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