A Digest of the Laws of England Respecting Real Property, Band 6

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A. Strahan, 1818
 

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Where there are superadded Words to the Word Heirs
16
A Devise transfers the Freehold
18
Bastards
20
A Will of Lands need not be proved in the Ecclesias
25
CHAP III
28
Mortgages
32
Advowsons
33
Contingent Estates and Interests
34
The Devisor must be seized or entitled
37
And must continue seized or entitled
39
Exceptions
40
A Right of Entry is not devisable
41
Nor a Joint Tenancy
42
CHAP II
44
What Words neceffary to describe the Things devised
54
бо
58
Who must see the whole Will 21 And must attest in the Presence of the Testator 29 But may attest at different Times 35 Whether Wills and Codicils ...
59
The Word Estate
63
All I am worth
69
Who may be Witneſſes
78
Publication 50 A Person cannot empower himself to give Lands by a Will not duly attested
80
Effect of additional Words
81
Words sometimes applied against their Technical
88
Wills charging Lands are within the Statute 53 But not Wills or Codicils giving Legacies 68
89
71
90
Wills made abroad within the Statute
91
CHAP VI
92
former one
94
Two inconsistent Wills of the same Date are void JOI 16 A second unattested Will revokes Legacies id
102
A written Declaration
103
It must be signed by the Testator
105
By the Testator or by his Direction
107
An Intention to cancel is sufficient id
109
Cancelling one Part revokes the other
113
A Womans Will revoked by Marriage
118
Contract for Sale
119
An intended Alienation
120
Alienation to the Use of the Testator id
122
75
125
78
126
And Equities of Redemption
128
79
129
80
132
Wills of Trust Estates are within the Statute 60 And of Mortgages and Equities of Redemption 62 But not Wills of Copyholds 87
134
Nor an Alteration of the Quality of the Estate id
137
Nor a Partition
138
Unless it extends to other Things
139
CHAP VII
144
Unless confined to Lands devised by the Will
152
Cancelling a second Will republishes the firſt
153
But a Will once cancelled must be reexecuted
154
Construction cy pres
191
No Averment allowed to explain Wills
193
Unless there is a latent Ambiguity
194
88
198
Or of Terms for Years 70 Except Terms attendant on the Inheritance 088
220
CHAP XI
259
Devise on Condition of paying a Sum of Money
275
Or charged with Debts and Legacies
277
Or with an Annual Payment for ever
279
Or for the Life of a Third Person M
280
A Devise with a Limitation over
283
Devise to Trustees for Purposes requiring a Fee
284
What Words pass the whole Interest in a Chattel
286
CHAP XII
288
The Words Iffue Children c
299
An Estate Tail may arise by Implication
301
A Devise generally may be enlarged into an Estate Tail
302
A Devise for Life may be enlarged into an Estate Tail
305
CHAP XIII
319
Though a Power of Disposal be given
322
A Devise without any Words of Limitation
326
Though charged with a Payment out of the Estate devised
336
Or an Annuity during the Life of the Devisee
340
The King
341
The Word Estate when descriptive of Local Situation
342
Where the general Intention requires it
343
What Words create a Term for Years
344
And uncertain Interests
345
In Devises of Trust Estates 29 In Devises of Copyholds 31 In Devises of Terms for Years 32 The Rule not applied where the Limitation is to Sons or ...
346
270
365
372
372
Or to the Heir for Life
374
Or to Issue with Words of Limitation 52 Unless the general Intent require a different Construc tion
375
Or where a Trust is created and a Conveyance directed 65 Or where the Estates are of different Natures
394
Case of Perrin v Blake 71 General Observations on the Rule
395
CHAP XV
417
to Debts and Legacies and enable Persons to sell Lands
447
Copyholds liable as well as Freeholds
454
CHAP XVII
461
A Devise after a general Failure of Heirs or Issue
469
Devises of this Sort sometimes supported as Remainders
475
A Devise after a general Failure of Heirs or Issue
481
Executory Devises of Terms for Years
495
Such Limitation not supported as a Remainder
501
The Words Dying without Issue sometimes
508
No Distinction between Words giving an express
515
The Freehold descends in the meantime to the Heir 535
518
May be paffed by Fine and released
538
Descendible and transmissible to Heirs and Executors
539
The Court of Chancery will restrain Waste
540
Of Trusts of Accumulation
543

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Seite 60 - Kent, or the custom of any borough, or any other particular custom, shall be in writing, and signed by the party so devising the same, or by some other person in his presence, and by his express direction; and shall be attested and subscribed in the presence of the said devisor, by three or four credible witnesses, or else they shall be utterly void, and of none effect...
Seite 24 - ... an intention, that such a thing shall take place ; without reference to the circumstance, whether the testator had any knowledge of the extent of his power, or not. Nothing can be more dangerous than to speculate upon what he would have done, if he had known one thing or another. It is enough for me to say, he had such intention; and I will not speculate upon what he would have intended in different cases put There is an error in Cull v.
Seite 356 - Bart.,) their heirs and assigns, to the uses after mentioned ; (that is to say,) to the use of the said testator's son, the said plaintiff, James Houghton Langston, for and during the term of his natural life...
Seite 266 - Jacob to have and to hold to him and his heirs for ever. Item I give to my Son...
Seite 361 - To THE USE of the said (settler) for and during the term of his natural life, without impeachment of waste, and from and after his decease TO THE USE of the said...
Seite 392 - I give and bequeath to my dearly beloved wife Sarah Barry for and during the term of her natural life...
Seite 572 - I go upon is, that the plaintiff was en ventre sa mere at the time of her brother's death, and consequently a person in rerum natura: so that by the rules of the common and civil law she was, to all intents and purposes, a child, as much as if born in the father's lifetime.
Seite 523 - ... who should be living at the time of the decease of the survivor of them the...
Seite 93 - ... aforesaid, or unless the same be altered by some other will or codicil in writing, or other writing of the devisor, signed in the presence of three or four witnesses, declaring the same, any former law or usage to the contrary notwithstanding.
Seite 365 - ... the elder of such sons, and the heirs male of his body issuing, being always to be preferred, and to take before, the younger of such sons, and the heirs male of his and their body and...

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