Does the Power to Alienate in Fee Simple Defeat an Executory Devise?

Thompson, Bradley M.

Journal: Michigan Law Review

Year: 1903

Bluebook Citation: MICH. L. REV.

Author: Bradley M. Thompson: all 18 publications


Abstract

Under the common law one who held an estate in lands in fee simple absolute was the sole owner of such lands, and 1hisright to enjoy the estate and exercise all the powers and privileges incident thereto could not be restricted by the devisor or grantor. The rights and privileges incident to an estate in fee simple constituted the estate-they were all essential, they were its bone, sinew and blood, and in the absence of any one of them the estate was regarded as less than a fee simple.

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