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"to A & his heirs"= fee simple |
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if obviously "to his heirs", then Rule in Shelley's Case does not apply |
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-gave wife everything, then to daughter when she dies "Though shalt not mount a fee upon a fee" |
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-wife not sure if husband left fee simple or life estate Absolute gift is dominant intention over residual gift |
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Re Tilburry West Public School Board |
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Definition
-land next door to school Can't give away possibility of reverter, stays with donor |
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