cujus haeredibus maxime prospicitur

cujus haeredibus maxime prospicitur (k[y]oo-j[schwa]s h[schwa]-red-i-b[ schwa]s mak-s[schwa]-mee proh-spis-i-t[schwa]r). [Latin] Hist. Whose heirs are chiefly regarded.

“Cujus haeredibus maxime prospicitur…. This is a rule of construction to be attended to in ascertaining from the terms of a destination, in whom the fee of a property is vested, the ordinary rule being, that he is the fiar whose heirs are preferred. Thus, a conveyance to ‘A and B jointly, and the heirs of B,’ gives A merely a joint right of liferent, and gives B the fee. Under such a destination, B is so absolutely the fiar that his rights cannot be impaired by any acts, even onerous, of A, who is held, as we have said, to be a liferenter.” John Trayner, Trayner’s Latin Maxims 121 (4th ed. 1894).


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