Page images
PDF
EPUB

PART PERFORMANCE-continued.

companies bound by part performance, 488
frand takes case out of statute, 489-491

not fraud to refuse to sign fair copy of agreement, 491

PAYMENT,

of purchase-money. See "PART PAYMENT."

PENCIL

memorandum may be signed in, 280

PLACE OF SIGNATURE,

of memorandum, 282, 283

PLAINTIFF,

parol evidence not admissible on behalf of, to contradict written
agreement, 502

unless part performance, 504

whether admissible when objection taken before agreement
signed, 504

PLEADING. See "SPECIFIC PErformance."

POLICY OF INSURANCE,

equitable mortgage by deposit of, 163

POSITION,

of signature to will under Statute of Frauds, 310

under Wills Act, 320

See "ATTESTATION OF WILLS;" "EXECUTION OF
WILLS."

of parties to agreement must be altered to entitle plaintiff to
specific performance, 462

POSSESSION,

entry into, under void lease, 13

See "TENANCY FROM YEAR TO YEAR."

taken by landlord under ineffectual notice to quit, is surrender,
43, 44

entry into, under terms of agreement, when part performance,

465

See "PART Performance.”

POST-NUPTIAL SETTLEMENT,

in pursuance of ante-nuptial parol agreement not binding as
against creditors, 135-138

PRESENCE OF TESTATOR,

what is mentally as well as corporeally requisite, 339

PRESENCE OF TESTATOR-continued.

sufficient if testator might have seen witnesses sign, 340

not if he could not have seen, 341

blind testator, 343

PRESENT DEMISE,

instrument containing words of, when it may enure as agree-
ment to grant lease, 16

specific performance, 17

PRESUMPTION,

of tenancy from year to year, 15.

See "TENANCY FROM YEAR TO YEAR."

of surrender by landlord taking possession, 43
general, 61

must be made by jury, 62

of equitable mortgage, 170

of due execution of will, 335

when maxim omnia rité esse acta applies, 335

absence of witnesses, 336

their evidence unreliable, 336
illiterate witnesses, 337

contradictory, 338

of revocation of missing will, 376

will traced to testator's possession and not forthcoming,
376

or found mutilated, 377

will traced out of testator's possession, 377

evidence to rebut, 378

of revocation by tearing, 386

as to alterations in will made before Wills Act, 390

as to when blanks filled up, 391

as to when alterations made in will since Wills Act, 393

rebuttal of, 394

by declarations of testator, 394

expert evidence, 395

testator in actual military service, 395

sheet interpolated, effect of, 396

as to when alterations made, not noticed by codicil, 396

of revocation by cancellation or destruction of one of duplicate
wills, 408

PRICE,

"value" substituted for by Lord Tenterden's Act, 187

66

what is contract for " price" or value" of £10, 191
agreed upon verbally must be stated in memorandum, 231
but not where no price agreed upon, 232

PRICE-continued.

parol evidence not admissible to prove particular agreement as
to, 267

admissible to prove general agreement as to, 269

PRINCIPAL AND AGENT. See "AGENT."

PRINT,

signature to memorandum may be in, 280

PROBATE,

provisions of Statute of Frauds as to, 456
constitution of Court of, 456

PROMISE,

to answer for debt, &c., of another. See "GUARANTEE."

PROMISE BY EXECUTOR,

to answer damages out of his own estate, 66

mere promise insufficient, must be consideration, 66
as assets or forbearance, 67

statute also requires writing, 67

when specific performance decreed, 67

not necessary to show cause of debt, 68
requisites to promise, 68

what is sufficient consideration, 68-72
See "CONSIDERATION."

promise to pay at future time, 72

not necessary to prove assets where promise, 73
though testator insolvent, 74

endorsing bill makes executors liable, 74
action lies to recover specific chattel, 75

or on promise in consideration of assets, 75
not necessary to allege assets in action on promise, 75

PUBLICATION,

not requisite to validity of will, 310

PUR AUTRE VIE. See "AUTRE VIE."

PURCHASE IN NAME OF ANOTHER,

in name of stranger, resulting trust arises for person paying

purchase money, 430

expression of wish, 431

purchaser's rights may be barred by delay, 431

custom contrary to rule, 431

rule applies to joint purchase, 431

to personal as well as real estate, 432

PURCHASE IN NAME OF ANOTHER-continued.

in name of stranger, resulting trust arises for person paying
purchase money-continued.

parol evidence admissible on behalf of person paying pur-
chase money, 432

on behalf of person to whom conveyance made, 433
to rebut presumption as to part of property, 433
not admissible to prove agency, 434

conveyance without consideration resulting trust for
grantor, 434

son to father, 435

in name of wife or child no resulting trust, 435

reputed wife, 436

person in loco parentis, 436

purchase by mother, 437

fiduciary relationship, 438

when avoided as against creditors, 438

rule applies to personal estate, 438

surrounding circumstances to be considered, 438-440

purchase money unpaid, 440

joint tenancy when created, 440

copyholds granted for lives successivé, 441

in name of child and stranger considered as advancement, 441
evidence to rebut presumption of advancement, 441
antecedent and contemporaneous, but not subsequent
declaration of settlor, 442

possession by father, 443

dividends received by father, 443

devise, bequest, or lease of property, 443

child fully advanced, 444

purchase in pursuance of covenant, 444

PURCHASE MONEY. See "PART PAYMENT."

PURCHASE OF SECURITY.

RATIFICATION,

of agent's acts, 291

RATIFY AND CONFIRM,

See "GUARANTEE."

use of words, to incorporate document in will, 347

REAL PROPERTY AMENDMENT ACT,

leases exceeding three years, deed required by, 13
effect of void demise under, 13

does not apply to tolls, 13

notequitable estates, 13

See also "PAROL LEASE;" "TENANCY FROM YEAR TO

YEAR."

REBUTTAL,

of presumption of tenancy from year to year, 14, 15

of surrender, 44, 61

of equitable mortgage, 170

of execution and attestation of wills.

See those heads.

of revocation of wills. See "REVOCATION;" "PRESUMPTION."

RECEIPT,

of rent by landlord from third party not proof of surrender, 61

RECEIPT OF GOODS,

may be actual receipt of goods without acceptance, 217

test of receipt whether vendor's lien remains, 218

goods in possession of vendee at time of sale, 218

receipt by acceptance of delivery order or dock warrant,

219-221

possession taken by vendee, 221

goods need not be removed from possession of vendor, 221-224
delivery to carrier may be delivery to vendee, 224

RECOGNITION OF CONTRACT, 255

RECTIFICATION,

of memorandum accompanying deposit of title deeds, 168
of executory contract, 495

RE EXECUTION OF WILLS,
by witness, 319

by testator, 329

REMOVAL,

for purpose of surrender, 34-36

RENT,

payment of under tenancy at will, 14

agreement for additional, does not create new tenancy, 41
by third party to landlord not surrender, 62

effect of surrender on rent due, 62

payment of increased rent may be part performance, 476

RESULTING TRUSTS,

excepted from provisions of seventh section requiring writing,

428

trust of part of estate and no trust of residue, equitable interest
in residue will result, 428

devise of residue, effect of, 429

« PreviousContinue »