{"id":8631,"date":"2017-11-19T23:34:56","date_gmt":"2017-11-19T23:34:56","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=8631"},"modified":"2017-11-19T23:36:00","modified_gmt":"2017-11-19T23:36:00","slug":"perpetual-freehold","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=8631","title":{"rendered":"Perpetual Freehold – an estate given to a grantee for life, and then successively to the grantee\u2019s heirs for life"},"content":{"rendered":"

perpetual freehold<\/span>:<\/span><\/strong>
\n(17c)<\/span><\/p>\n

1. An estate given to a grantee for life, and then successively to the grantee\u2019s heirs for life.\u00a0 *\u00a0 The effect of this type of freehold was to keep land within a family in perpetuity, much like a fee tail.<\/span><\/strong><\/p>\n

\u00a0 \u00a0 \u00a0Excerpt from\u00a0Peter Butt’s\u00a0Land\u00a0<\/em><\/a>Law<\/em>\u00a0(2d ed. 1988):<\/span><\/strong><\/span><\/p>\n

\u00a0 \u00a0 \u00a0\u201cIt took the form of a grant \u2018to A for life, remainder to A\u2019s son for life, remainder to that son\u2019s son for life,\u2019 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 \u2018perpetual freehold\u2019 (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 \u2018old\u2019 rule against perpetuities, but, more commonly, the rule in Whitby v. Mitchell, taking its name from the case which marked its emphatic reiteration.<\/span>\u201d<\/strong> [2]<\/span><\/p>\n

References:<\/span><\/strong><\/span><\/p>\n

Disclaimer:<\/span><\/span><\/strong> All material throughout this website is pertinent to people everywhere, and is being utilized in accordance with Fair Use<\/a>.<\/span><\/strong><\/p>\n

\n

[1]: Black’s Law Dictionary <\/a><\/span><\/strong>Deluxe Tenth Edition<\/b><\/span><\/a><\/em> by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4<\/span><\/strong><\/p>\n

[2]:\u00a0\u00a0Peter Butt, Land\u00a0<\/em><\/a><\/span>Law<\/em> 136 (2d ed. 1988).<\/span><\/span><\/strong><\/p>\n

******************************************<\/span><\/p>\n

Back to Interest Law and Types of Interest<\/a><\/span><\/span><\/strong><\/p>\n

Ownership Law and Types of Ownership<\/span><\/span><\/a><\/strong><\/p>\n

Equity Jurisprudence<\/b><\/span><\/a><\/p>\n

Intro to U.S. Law<\/span><\/a><\/strong><\/p>\n

Legal Precepts Adopted (from Europe) into The U.S. Constitution<\/span><\/a><\/strong><\/p>\n

\u00a7 <\/span><\/strong>\u00a7<\/span><\/span><\/strong> of Law Embedded into the Constitution Pursuant to the American Revolution<\/span><\/strong><\/a><\/p>\n

Indian Country Law<\/span><\/a><\/strong><\/p>\n

Federal Rules of Procedure<\/span><\/a><\/strong><\/p>\n

Like this website?<\/span><\/span><\/strong><\/p>\n

Please Support Our Fundraiser<\/span><\/a><\/strong><\/p>\n

or donate via\u00a0PayPal<\/a>:<\/span><\/span><\/strong><\/p>\n