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The term grandfather clause arose from the fact that the laws tied the then-current generation's voting rights to those of their grandfathers. According to Black's Law Dictionary , some Southern states adopted constitutional provisions exempting from the literacy requirements descendants of those who fought in the army or navy of the United ...
A grandfather clause (or grandfather policy or grandfathering) is a provision in which an old rule continues to apply to some existing situations while a new rule will apply to all future cases. Those exempt from the new rule are said to have grandfather rights or acquired rights, or to have been grandfathered in. Frequently, the exemption is ...
As one has stated, "The rule against perpetuities is an ancient, but still vital, rule of property law intended to enhance marketability of property interests by limiting remoteness of vesting." [ 6 ] For this reason, another court has declared that the provisions of the rule are predicated upon "public policy" and thus "constitute non-waivable ...
Grandfather clauses were first instituted as a means of allowing whites to vote while simultaneously disenfranchising blacks. [2] The grandfather clause in Guinn v. United States involved requirement that a citizen must pass a literacy test in order to register to vote. At the time, many poor whites in the South were illiterate and would lose ...
Williams v. Mississippi, 170 U.S. 213 (1898), is a United States Supreme Court case that reviewed provisions of the 1890 Mississippi constitution and its statutes that set requirements for voter registration, including poll tax, literacy tests, the grandfather clause, and the requirement that only registered voters could serve on juries.
Until 1868, all immovable property, also called in Scottish law "heritable property" (buildings, lands, etc.) was inherited exclusively by the eldest son and couldn't be included in a will. [127] After 1868, it could be included in a will or testament, but if a person died intestate, it was still inherited exclusively by the eldest son. [128]
This Florida couple bought a vacant lot for $17,500 — but now they’ve discovered they’re barred by law from building on the new property. Here’s why and how to avoid a similar situation.
Myers v. Anderson, 238 U.S. 368 (1915), was a United States Supreme Court decision that held Maryland state officials liable for civil damages for enforcing a grandfather clause.