CHAP. XIV.

Construction-Of the Rule in Shelley's Cafe.

1. Applied to Devises of legal Estates

·

7. Though the Limitation to the Heirs be only mediate

10. Though the Estate for Life arise by Implication

11. Where the Word Heir in the Singular Number is used

16. Where there are superadded Words to the Word Heirs

21. In Devises of Trust Estates

29. In Devises of Copyholds

31. In Devises of Terms for Years

32. The Rule not applied where the Limitation is to

Sons or Children

37. Or to Heirs with Words of Explanation

Page

346

349

351

353

354

357

- 365

id.

371

41. Or to the Word Heir with Words of Limitation

45. Or to Heirs with Words limiting an Estate of a par-

ticular Nature

46. Or to the Heir for Life

48. Or to Issue with Words of Limitation

52. Unless the general Intent require a different Construc-

56. Or where a Trust is created and a Conveyance directed

65. Or where the Estates are of different Natures

Construction-What Words create a Joint Tenancy, or Tenancy in

CHAP. XVI.

Construction- What Words create a Condition, and make Lands liable

to Debts and Legacies, and enable Persons to sell Lands.

7. What Words make Lands liable to Debts and Legacies 449

18. Copyholds liable as well as Freeholds

21. Legacies not preferred to fpecific Devises

454

455

Executory Devises-Devise over after a Devise in Fee Simple.

J. Origin of Executory Devises

2. Devise over after a Devise in Fee

9. Though the first Estate be not vested

11. No Devise is executory which can be supported as a

Remainder

14. An Executory Devise cannot be barred

17. Within what Time an Executory Devise must vest

23. A Devise after a general Failure of Heirs or Issue

void

24. Unless restrained

27. Curtesy attaches on the first Estate

CHAP. XVIII.

461

id.

464

id.

465

Executory Devises-Devise of a Freehold to commence in futuro.

1. Devise of a Freehold to commence in futuro

6. Devises of this Sort sometimes supported as Remainders

16. Must vest within the Time prescribed above

18. A Devise after a general Failure of Heirs or Issue is

475

478

too remote

22. Exceptions-1°. a Devise of a Reversion

26. 2°. A Devise in default of Issue of the Devisor

30. 3°. A Devise over for Life on Failure of Issue of the

first Devisee

31. 4°. Where an Estate Tail is raised by Implication

CHAP. XIX.

Executory Devises of Terms for Years.

Page

495

497

• 498

499

1. A Bequest over of a Term for Years is now good

5. And also a similar Declaration of Trust of a Term

6. Though to a Person not in esse, or not ascertained

9. The first Devisee cannot bar the Devise over

13. Within what Time such executory Bequest must vest 500

14. Cannot be limited after a general Failure of Heirs or

Issue

17. Such Limitation not supported as a Remainder

18. Where the Failure of Issue is confined to the Time

prescribed, it is good

26. The Words " Dying without Issue

id.

501

id.

sometimes re-

strained to the Death of a Person in esse

33. No Distinction between Words giving an express

Estate Tail, or by Implication

35. Nor between a Devise for Life, and an indefinite Devise

38. An Executory Devise for Life after a general Failure

516

of Issue is good

517

CHAP. XX.

Of other Matters relating to Executory Devises.

1. Where one Limitation is executory, all the others are

so likewise

5. A preceding executory Limitation may be uncertain,

when a subsequent one may be certain

11. A preceding executory Limitation is not a Condition

precedent

523

17. Limitation over after an Executory Devise of the

whole Interest, sometimes good

525

22. Distinction between the Cases where a subsequent

Limitation may become good, and where not

24. A Limitation which was originally a Contingent Re-

mainder may take effect as an Executory Devise

29. Distinction between Executory Devises per Verba de

Præsenti, and per Verba de Futuro

34. The Freehold descends in the meantime to the Heir

37. And also the intermediate Profits

-

40. A Devise of the Residue will pass such Profits

43. Executory Interests are devisable

50. May be paffed by Fine and released

51. Descendible and transmissible to Heirs and Executors

54. The Court of Chancery will restrain Waste

56. Of Trusts of Accumulation

Page

535

536

- 537

- id.

538

539

540

·

543

ERRATA.

VOL. 1. Introduction, Page xiii. Tit. 26, for Dignitaries read Dignities.

VOL. II. Page 404, Line 14, for probably read Property.

405, Line 27, after that insert it.

VOL. III. Page 264, Line 17, for Willis read Willes.

426, Line 18, after before insert Admittance.

VOL. IV. Page 301, Line 9, for Releasee read Release.