We will begin by examining two possessory estates—the fee simple absolute and the life estate—and two future interests … —the reversion and the remainder. The Fee Simple Absolute # The fee simple absolute is the most complete interest in land that the law will recognize. When we say that “O owns Greenacre without any further qualification, what we actually mean is that O owns a presently possessory fee simple absolute in Greenacre. ...
Davies J. — # The question raised for our decision in this case is whether a general prohibition on alienation attached to a devise in fee of lands which prohibition would, if unlimited, be bad by the rules of Common Law, is made good by being limited as to time. I am of opinion that it is not. The will of Donald Chisholm after devising his farm of 100 acres to his two sons William and Hugh in fee and equally dividing it between them, contained the following provision: ...
13 Except where a contrary intention appears by the conveyance, (a) where words of limitation are not used, the conveyance conveys the whole property right that the party conveying had power to dispose of by the conveyance, including, in the case of real property, the fee simple;
Middleton J.A. — # An appeal from the judgment of Mr. Justice Riddell pronounced on the 27th September, 1924, declaring that the estate of the late Ellen Fitze Walker does not include any part of the estate of the late John Walker undisposed of by her at the time of her death. John Walker died on the 27th March, 1903, and first made his will, bearing date the 17th November, 1902, which was in due course admitted to probate, his widow being his sole executrix. ...
Wright J. — # This is an application by the Rural Municipality of Stuartburn (”the Municipality”) for a declaration that its Reeve, the respondent David Theodore Kiansky (”Kiansky”) is disqualified from holding office. The Municipality alleges Kiansky does not meet the election requirements as set forth in The Municipal Act, S.M. 1996, c. 58 - Chap. M225 and The Local Authorities Election Act, R.S.M. 1987, c. L180 (”the LAE Act”). ...
According to the common law doctrine of tenure all land under the dominion of the English crown is held “mediately or immediately, of the king”—that is, the crown has “radical title” to all land under its political dominion. William the Conqueror declared that all land in England was literally the king’s property; everyone else had to settle for the privilege of holding it for him—the privilege of tenure (from the Norman French word “tenir”—to hold). ...
27 Where any real property is devised to any person without any words of limitation, such devise shall be construed to pass the fee simple or the whole estate or interest which the testator had the power to dispose of by will in such real property, unless a contrary intention appears by the will.