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CHAPTER LVI.

USES AND TRUSTS.

Bond v. Grimm, 34 L. R., 724; 25 D.C. App., 497.

Sec. 1617. THE LEGAL ESTATE TO BE IN CESTUI QUE USE.—Where lands, tenements, or hereditaments are conveyed or devised to one person, whether for years or for a freehold estate, to the use of or in trust for another, no estate or interest, legal or equitable, shall vest in the trustee, but the person entitled, according to the true intent and meaning of such instrument, to the actual possession of the property and the receipt of the rents and profits thereof, in law or in equity, shall be deemed to have a legal estate therein of the same quality and duration and subject to the same conditions as his beneficial interest, except where the title of such trustee is not merely nominal but is connected with some power of actual disposition or management of the property conveyed.

Sec. 1618. PURCHASER FOR VALUE.—No implied or resulting trust shall be alleged or established to defeat or prejudice the title of a purchaser for a valuable consideration and without notice of such trust; and where an express trust is created, but is not contained or declared in the conveyance to the trustee, such conveyance shall be deemed absolute in favor of purchasers from the trustee for value and without notice of the trust.

Act of 27 Hen. 8, ch. 10, sec. 1.

396

CHAPTER LVII.

WAREHOUSEMEN. Sec. 1619. LIEN OF WAREHOUSEMEN.-Every person, & Ben 33 na dos firm, association, or corporation lawfully engaged in the App., 237; Clark business of storing goods, wares, merchandise, or personal $i; Costello v. Pal property of any description shall have a lien first, except mer, 30 L. R., 404 for taxes thereon, for the agreed charges for storing the Buck, 30 L. R.; same and for all moneys advanced for freight, cartage, Buck, 30 2. R.; labor, insurance, and other necessary expenses thereon. 354..esh : Lesh Said lien for such unpaid charges, upon at least one year's storage and for the aforesaid advances in connection therewith, may be enforced by sale at public auction, after thirty days' notice in writing mailed to the last known address of the person or persons in whose name or names the said property so in default was stored, and said notice shall also be published for six days in a daily newspaper in the District of Columbia. And after deducting all storage charges, advances, and expenses of sale, any balance arising therefrom shall be paid by the bailee to the bailor of such goods, wares, merchandise, or personal property, his assigns or legal representatives.

Sec. 1620. ASSIGNEE.-Said property may be so sold either in bulk or in separate pieces, articles, packages, or parcels, as will in the judgment of the lien holder secure the largest obtainable price: Provided, That if the person or persons storing said property shall have assigned or transferred the title thereto and have duly recorded said 37 L. 1., 276. assignment or transfer upon the books of the storage warehouse, the written notice of sale shall also be mailed to said transferee or assignee. Sec. 1621. WHERE TITLE IN ISSUE.- Whenever the title

9 D. C. App. or right of possession to any goods, wares, merchandise, or personal property on storage shall be put in issue by any judicial proceeding, the same shall be delivered upon the order of the court, after prepayment of the storage charges and cash advances then due by the person at whose instance such change of possession is so ordered, and who shall be entitled to recover such payment as part of the cost in such proceeding, or, if defeated therein, he shall be credited with such payment in taxation of costs against him. And unless the person, firm, association, or corporation so conducting a storage business shall claim some right, title, or interest in said stored property other than the lien hereinabove authorized, he, it, or they shall not be made a party to such judicial proceedings.

397

Baum o. Knabo Co. Appea! case,

109.

CHAPTER LVIII.

WASTE.

Sec. 1226; 13. Edw. 1, ch. 22.

Sec. 1622. JOINT TENANT OR TENANT IN COMMON AGAINST COTENANT.-Any joint tenant or tenant in common may maintain an action for waste committed by his cotenant, or in a suit for a partition, or a sale for purpose of partition, may have said waste charged against the share of the cotenant committing the same.

399

CHAPTER LIX.

WILLS.

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Sec. 1623. WHAT MAY BE DEVISED.-All lands, tene- s. Magerco Am. ments, and hereditaments, and personal estate which R., 422; 20'D. c. might pass by deed or gift, or which would, in case of the App., 391; co proprietor's dying intestate, descend to or devolve on his lonna v. Alton, 23 or her heirs or other representatives, shall be subject to be 21 D.C. App., 424 disposed of, transferred, and passed by his or her last will, 8 D. C. App., 105. testament, or codicil, under the following restrictions:

(Repealed-32 Stat., Part I, p. 545.) [Sec. 1624. PERPETUITIES.—No will, testament, or codicil shall be effectual to create any interest in perpetuity, or make any limitation, or appoint any uses, except as permitted by this code.]

Sec. 1625. WHO CAPABLE OF MAKING WILL.--No will, cosato Heiberger, testament, or codicil shall be good and effectual for any 19D. C. App., 522 purpose whatever unless the person making the same be, if 13 D.C. ABP: 156 a male, of the full age of twenty-one years, and if a female, 22 D. C. App.,, of the full age of eighteen years, and be at the time of exe- 460; 209 U. 3. 264 cuting or acknowledging it, as hereinafter directed, of 2. App.; 535; 30 D: sound and disposing mind and capable of executing a valid App. 436; 4 D.

C. , . deed or contract.

Sec. 1626. FORM OF WILL AND REVOCATION.—All wills Colonna v. Alton, and testaments shall be in writing and signed by the testa- McClowano. El tor, or by some other person in his presence and by his ex- 188: Lipphard *v? press directions, and shall be attested and subscribed in Humphrey, 28 DE the presence of the said testator by at least two credible u. s., 38; 25 s. c. witnesses, or else they shall be utterly void and of no ef- Bepal 169;. 37 DA fect; and, moreover, no devise or bequest, or any clause L. R., 801; 8 D.C. thereof, shall be revocable otherwise than by some other c. App., 378; 29 will or codicil in writing or other writing declaring the "30 L. R., 296; iso same, or by burning, canceling, tearing, or obliterating u.s., 552 21 8. c. the same by the testator himself or in his presence and by app., 446; Md. act his direction and consent; but all devises and bequests

1798, ch. 101, sec. 4. shall remain and continue in force until the same be burned, canceled, torn, or obliterated by the testator or by his direction in the manner aforesaid, or unless the same be altered or revoked by some other will, testament, or codicil in writing, or other writing of the testator signed in the presence of at least two witnesses attesting the same, any former law or usage to the contrary notwithstanding.

Sec. 1627. REVIVAL OF WILL AFTER REVOCATION.-No will or codicil, or any part thereof, which shall be in any manner revoked shall, after being revoked, be revived otherwise than by the reexecution thereof, or by a codicil executed in the manner hereinbefore required, and then only to the extent to which an intention to revive is shown.

Crenshaw v. McCormick, 19 D. C.

Sec. 1633.

Sec. 1628. AFTER-ACQUIRED REAL ESTATE.—Any will App., 501;2 D. C. executed after January seventeenth, eighteen hundred APP, 461138;P. CA and eighty-seven, and before the first day of January, stat.: 361 nineteen hundred and two, devising real estate, from

which it shall appear that it was the intention of the testator to devise property acquired after the execution of the will, shall be deemed, taken, and held to operate as a valid devise of all such property; and any will hereafter executed which shall by words of general import devise all the estate or all the real estate of the testator shall be deemed, taken, and held to operate as a valid devise of any real estate acquired by said testator after the execution of such will, unless it shall appear therefrom that it was not the intention of the testator to devise such after-acquired property.-Act of June 30, 1902 (32 Stat., Part I, p. 545).

(Repealed.) (Sec. 1628. AFTER-ACQUIRED REAL ESTATE.-Any will hereafter executed which shall, by words of general import, devise all the estate or all the real estate of the testator shall be deemed, taken, and held to operate as a valid devise of any real estate acquired by said testator after the execution of such will, unless it shall appear therefrom that it was not the intention of the testator to devise such after-acquired property.)

Sec. 1629. POWERS.-No appointment made by will in the exercise of a power shall be valid unless the same be so executed that it would be valid for the disposition of the property to which the power applies if it belonged to the

testator. Miller v. Payne, Sec. 1630. SATISFACTION OF LEGACY.--A provision for 28 D. C. App., 403.

or advancement to any person shall be deemed a satisfaction, in whole or in part of a devise or bequest to such person contained in a previous will if it would be so deemed in case the devisee or legatee were the child of the testator; and, whether he be a child or not, it shall be so deemed in all cases in which it shall appear from parol or other evidence to be so intended.

Sec. 1631. LAPSED OR VOID DEVISES. If a devisee or legatee die before the testator, leaving issue who survive the testator, such issue shall take the estate devised or bequeathed as the devisee or legatee would have done if he had survived the testator, unless a different disposition be made or required by the will. Unless a contrary intention appear by the will

, such property as shall be comprised in any devise or bequest in such will which shall fail or be void or otherwise incapable of taking effect shall be deemed included in the residuary devise or bequest, if any, contained in such will.

Sec. 1632. LEASEHOLDS.- A devise of the land of a testator, or of his land in any place, or in the occupation of a person named or otherwise described in a general manner, shall be construed to include his leasehold estates or any of them to which such descriptions shall extend, as well as freehold estates, unless a contrary intention shall appear by the will.

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