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Black's Law Dictionary defines the rule against perpetuities as "[t]he common-law rule prohibiting a grant of an estate unless the interest must vest, if at all, no later than 21 years (plus a period of gestation to cover a posthumous birth) after the death of some person alive when the interest was created." [8]
An indefeasible portion, the forced estate, [a] passing to the deceased's next-of-kin [b] (conjunctissimi). A discretionary portion, or free estate, [c] to be freely disposed of by will. Forced heirship is generally a feature of civil-law legal systems which do not recognize total freedom of testation, in contrast with common law jurisdictions.
In common law jurisdictions, probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased; or whereby, in the absence of a legal will, the estate is settled according to the laws of intestacy that apply in the state where the deceased resided at the time of their death.
The allodial or fee simple interest is the most complete ownership that one can have of property in the common law system. An estate can be an estate for years, an estate at will, a life estate (extinguishing at the death of the holder), an estate pur autre vie (a life interest for the life of another person) or a fee tail estate (to the heirs ...
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The organic source of state law is the Constitution of Pennsylvania.Although the original Constitution of Pennsylvania was ratified in 1776, more than ten years before the Constitution of the United States, the U.S. Constitution has legal supremacy in matters relating to (or, in pursuance thereof...
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As of 2015, 80% of all Pennsylvania death row inmates were held at Greene. [12] At some point all SCI Greene death row inmates were moved to Phoenix. [13] While there are no female capital case inmates, any female death row inmates would be housed at SCI Muncy. [14] Prior to its closure, SCI Graterford housed male death row inmates. [12]