A Treatise on the Law of Wills and Codicils, Volume 1J. Butterworth, 1815 |
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Page 5
... tion of the feudal system of property , which necessa- rily excluded all voluntary alienations of possessions Afterwards , the further solemnity of naming the heir in the tes- tament was added by Justinian , and again taken away by the ...
... tion of the feudal system of property , which necessa- rily excluded all voluntary alienations of possessions Afterwards , the further solemnity of naming the heir in the tes- tament was added by Justinian , and again taken away by the ...
Page 16
... tion of the regret in the almost boundless facility which was given to the testamentary power , by the operation of these statutes ; in so much that a celebrated writer has re- marked , in speaking of the operation of the statute wills ...
... tion of the regret in the almost boundless facility which was given to the testamentary power , by the operation of these statutes ; in so much that a celebrated writer has re- marked , in speaking of the operation of the statute wills ...
Page 31
... tion , left no doubt of the deceased's having been afflicted with insanity . Where there was , prima facie , no proof of this , the pre- sumption of law was always in favour of the testamentary act ; but when it was otherwise , the onus ...
... tion , left no doubt of the deceased's having been afflicted with insanity . Where there was , prima facie , no proof of this , the pre- sumption of law was always in favour of the testamentary act ; but when it was otherwise , the onus ...
Page 34
... tion . The will of a felo de se may , it seems , be ef- fectual , as to his lands , because these are not forfeited but by attainder , which cannot be in this case . as to his goods and chattels his will is of no effect ( 1 ) . h Swinb ...
... tion . The will of a felo de se may , it seems , be ef- fectual , as to his lands , because these are not forfeited but by attainder , which cannot be in this case . as to his goods and chattels his will is of no effect ( 1 ) . h Swinb ...
Page 40
... tion would pass the trust of the copyhold lands , his Lordship said , that " where the legal estate was in trustees , the cestuy que trust consequently could not surrender , but the lands should , notwithstanding , pass by this devise ...
... tion would pass the trust of the copyhold lands , his Lordship said , that " where the legal estate was in trustees , the cestuy que trust consequently could not surrender , but the lands should , notwithstanding , pass by this devise ...
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Common terms and phrases
according afterwards annuity appears appointment attested bequeathed bequest charge chattels child cited clause codicil common law considered conveyance copyhold court of equity daughter death debts decease declared deed descent devisor dispose disposition doctrine effect estate tail executed executors express fee-simple feoffment freehold give ground heir at law held hereditaments inheritance instrument intention interest issue joint-tenants lease legacies legatee life-time limitation Lord Chancellor Lord Eldon Lord Hardwicke Lord Mansfield Lordship marriage ment messuages mortgage observed operation opinion party pass personal estate presence principle pur auter vie purchase question real estate reason remainder rent residuary residue respect revocation revoked rule seems seised shew signed socage special occupant statute of frauds subscribed subsequent sufficient surrender tator tenants in common tenements term testament testamentary testator's thereof thing three witnesses tion trust vise void wife words writing
Popular passages
Page 21 - 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...
Page 191 - That from and after the 24th day of June, 1736, no manors, lands, tenements, rents, advowsons, or other hereditaments, corporeal or incorporeal whatsoever ; nor any sum or sums of money, goods, chattels, stocks in the public funds, securities for money, or any other personal estate whatsoever, to be laid out or disposed of in the purchase of any lands, tenements or hereditaments...
Page 547 - ... during the minority or respective minorities only of any person or persons who under the uses or trusts of the deed, surrender, will or other assurances directing such accumulations would for the time being, if of full age, be entitled unto the rents, issues and profits, or the interest, dividends or annual produce so directed to be accumulated...
Page 319 - ... no devise in writing of lands, tenements or hereditaments, or any clause thereof, shall be revocable, otherwise than by some other will or codicil in writing, or other writing declaring the same, or by burning, cancelling, tearing or obliterating the same by the testator himself, or in his presence, and by his directions and consent...
Page 206 - ... or whether such father be within the age of one and twenty years or of full age, by deed executed in his life-time, or by his last will...
Page 181 - June no nuncupative will shall be good, where the estate thereby bequeathed shall exceed the value of thirty pounds, that is not proved by the oaths of three witnesses (at the least) that were present at the making thereof...
Page 460 - Wedgwood and her assigns, for and during the term of her natural life. And...
Page 224 - ... 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.
Page 206 - ... and shall and may recover damages for the same in the said action for the use and benefit of such child or children l.
Page 545 - G, and if either of them should depart this life and leave no issue of their respective bodies...