Estates - Statutes and Cases Flashcards
(32 cards)
Provision defining equitable waste
43(2) of the Judicature Act
Remainder after a fee simple is void (authority?)
Walker
Where it is uncertain whether a term in a will means fee simple or life estate, try to give life to the intentions of the party, considering the will as a whole (Authority?)
Waters
You cannot prohibit the mortgaging of a fee simple (authority?)
Blackburn
You cannot limit the beneficiaries of a fee simple too much (authority?)
Brown (but ‘family’ would have been broad enough)
“residence” is too uncertain to be a condition (authority?)
Sifton
It is against public policy to make someone give up a legal right as a condition of a will (authority?)
Kent
It is against public policy to limit marriage for racist reasons (authority?)
Verolin
Racist provisions of a trust violate public policy (authority?)
Canada Trust
Religious restrictions on a trust can be saved by the docrine of cy pres (authority?)
Ramsden
Provision establishing presumption of fee simple (grant)?
Conveyancing Act s13(a)
Provision establishing escheats?
Escheats Act s 2(b)
Provision establishing presumption of fee simple (wills)
Wills Act s 27
Provision establishing that contingents estates can be transferred by deed?
Real Property Act s 27(1)
When terms of a condition are vague, courts favour early vesting and prefer conditions subsequent - specifically defeasible conditions (authority)
Hayes
Unborn children in the womb do not apply to the timely vesting rule
Reeves
43(2) of the Judicature Act
Provision defining equitable waste
Walker
A grant of fee simple cannot have further restrictions (Authority?)
Waters
Where it is uncertain whether a term in a will means fee simple or life estate, try to give life to the intentions of the party, considering the will as a whole (Authority?)
Blackburn
You cannot prohibit the mortgaging of a fee simple (authority?)
Brown (but ‘family’ would have been broad enough)
You cannot limit the beneficiaries of a fee simple too much (authority?)
Sifton
“residence” is too uncertain to be a condition (authority?)
Kent
It is against public policy to make someone give up a legal right as a condition of a will (authority?)
Verolin
It is against public policy to limit marriage for racist reasons.
