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Excerpt from The Revised Reports, Vol. 69: Being a Republication of Such Cases in the English Courts of Common Law and Equity, From the Year 1785, as Are Still of Practical Utility; 1844-1846
IN the case of Lord Dungannon v. S'tia, p. 137, it has been thought right to omit a considerable proporti on of the judicial opinions, and some of the judgments in the House of Lords. The points of general application actually settled by the decision, namely that the question whether a limitation is bad for remoteness or not has nothing to do with the state of external facts, and that, as the rule against remoteness has nothing to do with intention, the instrument must be construed as if the rule did not exist, and then to the provision so construed the Rule is to be remorselessly applied (gray on the Rule against Perpetuities, 629) are by this time elementary. No modern student of con veyancing reading the head-note can fail to see that the gifts in question were bad. The difficulty is to understand how such eminent judges as Parke and Patteson ever contrived to think they could be supported. Lord Lyndhurst's judg ment contains the whole law of the case, and is the only one to which we can find any later judicial reference.
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