PART PERFORMANCE-continued. companies bound by part performance, 488 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 unless part performance, 504 whether admissible when objection taken before agreement 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 of parties to agreement must be altered to entitle plaintiff to POSSESSION, entry into, under void lease, 13 See "TENANCY FROM YEAR TO YEAR." taken by landlord under ineffectual notice to quit, is surrender, 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 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- specific performance, 17 PRESUMPTION, of tenancy from year to year, 15. See "TENANCY FROM YEAR TO YEAR." of surrender by landlord taking possession, 43 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 contradictory, 338 of revocation of missing will, 376 will traced to testator's possession and not forthcoming, 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 PRICE, "value" substituted for by Lord Tenterden's Act, 187 66 what is contract for " price" or value" of £10, 191 PRICE-continued. parol evidence not admissible to prove particular agreement as 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 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 statute also requires writing, 67 when specific performance decreed, 67 not necessary to show cause of debt, 68 what is sufficient consideration, 68-72 promise to pay at future time, 72 not necessary to prove assets where promise, 73 endorsing bill makes executors liable, 74 or on promise in consideration of assets, 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 parol evidence admissible on behalf of person paying pur- on behalf of person to whom conveyance made, 433 conveyance without consideration resulting trust for 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 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 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 RECOGNITION OF CONTRACT, 255 RECTIFICATION, of memorandum accompanying deposit of title deeds, 168 RE EXECUTION OF WILLS, 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 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 devise of residue, effect of, 429 |