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Estates. Estates in futuro consisting of executory interests created by devises, recognized in equity and validated by the Statute of Uses and the Statute of Wills. An executory devise is a limitation by will of a future contingent interest in lands, contrary to the rules of limitation of contingent estate is in conveyances at law. When the limitation by will does not depart from those rules prescribed for the government of contingent remainders, it is, in that case, a contingent remainder, and not an executory devise. They were invalid under the early common law as in contravention of the rigid rules against a limitation of a fee on a fee or the taking effect of a future estate by the cutting short of a prior estate.


An executory devise differs from a contingent remainder, in three material points.


1. It needs no particular estate to precede and support it; for example, a devise to A B, upon his marriage.


2. A fee may be limited after a fee, as in the case of a devise of land to C D, in fee, and if he dies without issue, or before the age of twenty-one, then to ...

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