Perpetual Freehold – an estate given to a grantee for life, and then successively to the grantee’s heirs for life

perpetual freehold:
(17c)

1. An estate given to a grantee for life, and then successively to the grantee’s heirs for life.  *  The effect of this type of freehold was to keep land within a family in perpetuity, much like a fee tail.

     Excerpt from Peter Butt’s Land Law (2d ed. 1988):

     “It took the form of a grant ‘to A for life, remainder to A’s son for life, remainder to that son’s son for life,’ and so on ad infinitum. Such a limitation, if valid, would have been an effective substitute for the fee tail. The courts, however, set their face against this ‘perpetual freehold’ (as it was sometimes termed), and in Lovelace v. Lovelace (1585) it was held that remainders which did not vest before the determination of the first life estate would fail ex post facto. Subsequently a number of other, not entirely convincing, reasons were found for invalidating perpetual freeholds, ultimately culminating in what is sometimes termed the ‘old’ rule against perpetuities, but, more commonly, the rule in Whitby v. Mitchell, taking its name from the case which marked its emphatic reiteration. [2]

References:

Disclaimer: All material throughout this website is pertinent to people everywhere, and is being utilized in accordance with Fair Use.

[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4

[2]:  Peter Butt, Land Law 136 (2d ed. 1988).

******************************************

Back to Interest Law and Types of Interest

Ownership Law and Types of Ownership

Equity Jurisprudence

Intro to U.S. Law

Legal Precepts Adopted (from Europe) into The U.S. Constitution

§ § of Law Embedded into the Constitution Pursuant to the American Revolution

Indian Country Law

Federal Rules of Procedure

Like this website?

Please Support Our Fundraiser

or donate via PayPal:

Disclaimer: Wild Willpower does not condone the actions of Maximilian Robespierre, however the above quote is excellent!

This website is being broadcast for First Amendment purposes courtesy of

Question(s)?  Suggestion(s)?
Like to offer financial support?
Email Distance@WildWillpower.org.
We look forward to hearing from you!

Learn the System