| 翻訳と辞書 |
| Duke of Norfolk's Case ： ウィキペディア英語版 |
Duke of Norfolk's Case
Duke of Norfolk's Case (1682)3 Ch. Cas. 1, 22 Eng. Rep. 931 is an important legal judgment of the House of Lords that established the common law Rule against perpetuities. The matter related to establishing inheritance for grandchildren of Henry Howard, 22nd Earl of Arundel including grandchildren who were not yet born.
==Facts of the Case==
In this case Henry, 22nd Earl of Arundel, who was at the time Duke of Norfolk tried to create a shifting executory limitation so that one of his titles would pass to his eldest son (who was mentally deficient) and then to his second son, and another title would pass to his second son, but then to his fourth son. The estate plan also included provisions for shifting the titles many generations later if certain conditions should occur.
When his second son, Henry, succeeded to one title, he did not want to pass the other to his younger brother, Charles. Charles sued to enforce his interest, and the court (in this instance, the House of Lords) held that such a shifting condition could not exist indefinitely. The judges believed that tying up property too long beyond the lives of people living at the time was wrong, although the exact period was not determined for another 150 years. 〔''Cadell v. Palmer'' 1 Cl. & Fin. 372, 6 Eng. Rep. 936 (H.L. 1832, 1833)〕
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
■ウィキペディアで「Duke of Norfolk's Case」の詳細全文を読む
スポンサード リンク
| 翻訳と辞書 : 翻訳のためのインターネットリソース |
Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.
|
|