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In the history of English property law, which case gave its name to the rule that a life interest in…

The historical rule is named for Whitby v. Mitchell (1890) 44 Ch D 85. Earlier cases discussed remote or double possibilities, but the specific rule described in the…

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In the history of English property law, which case gave its name to the rule that a life interest in land to an unborn person could not be followed by a remainder to that person's issue?

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Answer and explanation

Correct answer A

The historical rule is named for Whitby v. Mitchell (1890) 44 Ch D 85. Earlier cases discussed remote or double possibilities, but the specific rule described in the question took its name from Whitby. Section 161 of the Law of Property Act 1925 abolished the rule in England and Wales for instruments coming into operation after the Act commenced.

Option feedback

Option A

The old rule is conventionally named for Whitby v. Mitchell.

Option B

This earlier case did not give its name to the specific rule described.

Option C

This case did not give its name to the historical English rule described.

Option D

This case did not give its name to the historical English rule described.

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