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

Front Cover
A. Strahan, 1818

From inside the book

What people are saying - Write a review

We haven't found any reviews in the usual places.

Contents

Contingent Estates and Interests 0
34
The Devisor must be seized or entitled
37
And must continue seized or entitled
39
Exceptions
40
Tenancies escheated id
41
Nor a Joint Tenancy
42
Of Devises of Copybolds Page 1 Copyholds devisable by Surrenders to Uses
44
Nature of such Surrenders
45
Who may devise
48
What may be devised
49
A Surrender of this Kind bars an Entail id
52
But an equitable Entail is not barred by a Devise
53
Where a Surrender will be supplied
54
A Surrender not supplied unless the Intent is appa rent
56
The Heir sometimes put to his Election
58
CHAP V
59
Whether Wills and Codicile must be separately attested
75
Who may be Witneſſes
78
Publication
79
A Person cannot empower himself to give Lands by a Will not duly attested
80
Wills charging Lands are within the Statute
82
But not Wills or Codicils giving Legacies id
87
And of Mortgages and Equities of Redemption id
88
68 Or of Terms for Years
89
Except Terms attendant on the Inheritance
90
Wills made abroad within the Statute
91
CHAP VI
92
Of express Revocations
93
A subsequent Will revoking or inconsistent with a 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
28 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
Alienation to a Stranger id
119
An intended Alienation
120
Alienation to the Use of the Testator id
122
Fine and Recovery id
125
Parol Evidence not admissible
132
A fraudulent Conveyance is not a Revocation
134
Nor an Alteration of the Quality of the Estate id
137
Nor a Partition
138
Unless it extends to other Things
139
Revocations of Leaseholds
141
CHAP VII
144
Reexecution is a Republication id
145
Unless confined to Lands devised by the Will
152
Cancelling a second Wil republishes the firſt
153
But a Will once cancelled must be reexecuted
154
A Surrender of a Copyhold is a Republication
155
CHAP VIII
158
Though charged with Debte
159
The Devisee must be sole Heir
160
A Difference in the Estate renders the Devise good id
162
Where there has been Fraud id
163
The Estate descends to the Heir
169
CHAP IX
171
Words rejected or supplied
174
The Word or construed and
183
Estates sometimes transposed
187
Contradictory Devises
188
A Perpetuity cannot be created id
191
No Averment allowed to explain Wills
193
Unless there is a latent Ambiguity
194
Construction What Words create a Devise and describe the Devisees and the Things devised Page 2 What Words create a Devise
198
Words of Advice or Deſire do not create a Devise
200
But sometimes raise a Trust
203
Devises by Implication
205
What Words neceſſary to describe the Devisees
207
The Word Iſſue
213
What Words neceſſary to describe the Things devised
218
The Words Lands Tenements and Hereditaments
219
Meſſuage and House
220
All my Rents
221
All I am worth
222
Residue of Estate Property and Effects
223
Effect of additional Words
228
Words sometimes applied against their Technical Meaning
231
Effect of an Introductory Clause id
266
All my Real Property
270
The Words Right Title and Interest id
271
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
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 Word Heirs qualified by subsequent Words
290
Or by a Remainder over to a Collateral Heir
296
The Words Iſſue 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 Word Estate when descriptive of Local Situation
341
The Word Hereditament
342
Where the general Intention requires it
343
What Words create a Term for Years
344
And uncertain Interests D
345
Applied to Devises of legal Estates
346
Though the Limitation to the Heirs be only mediate
349
Though the Estate for Life arise by Implication
351
Where the Word Heir in the Singular Number is used
353
Where there are superadded Words to the Word Heirs
354
In Devises of Trust Estates
357
In Devises of Copyholds
365
Or to Heirs with Words of Explanation
367
Or to the Word Heir with Words of Limitation
371
Or to Heirs with Words limiting an Estate of a par ticular Nature
372
Or to the Heir for Life
374
Or to Issue with Words of Limitation
375
Unless the general Intent require a different Construc tion
377
Or where a Trust is created and a Conveyance directed
386
Or where the Estates are of different Natures
394
Case of Perrin v Blake
395
General Observations on the Rule
412
CHAP XV
417
What Words create a Tenancy in Common
426
What Words create Cross Remainders
434
Formerly not implied between more than Two
436
This Doctrine somewhat altered
438
to Debts and Legacies and enable Persons to sell Lands Page 1 What Words create a Condition
447
Where construed a Limitation
448
What Words make Lands liable to Debts and Legacies
449
Copyholds liable as well as Freeholds
454
Legacies not preferred to ſpecific Devises
455
What Words enable Persons to sell Lands
456
CHAP XVII
461
Though the first Estate be not vested
464
An Executory Devise cannot be barred
465
Within what Time an Executory Devise must vest
466
A Devise after a general Failure of Heirs or Issue is void
469
Unless restrained id
471
CHAP XVIII
474
Devises of this Sort sometimes supported as Remainders
475
Must vest within the Time prescribed above
478
A Devise after a general Failure of Heirs or Issue is too remote
481
Exceptions1 a Devise of a Reversion
484
2 A Devise in default of Issue of the Devisor
489
3 A Devise over for Life on Failure of Issue of the first Devisee
493
Executory Devises of Terms for rears
495
Such Limitation not supported as a Remainder
501
The Words Dying without Issue sometimes
508
No Distinction between Words giving an express
515
A Limitation which was originally a Contingent
530
The Freehold descends in the meantime to the Heir
535
And also the intermediate Profits
536
A Devise of the Residue will pass such Profits
537
May be paſſed 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

Other editions - View all

Common terms and phrases

Popular passages

Page 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...
Page 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.
Page 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...
Page 266 - Jacob to have and to hold to him and his heirs for ever. Item I give to my Son...
Page 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...
Page 392 - I give and bequeath to my dearly beloved wife Sarah Barry for and during the term of her natural life...
Page 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.
Page 523 - ... who should be living at the time of the decease of the survivor of them the...
Page 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.
Page 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...

Bibliographic information