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CHAP. IV.
Of Devises of Copybolds.
Page
44
45
48
49
id.
1. Copyholds devisable by Surrenders to Uses
5. Nature of such Surrenders
17. Who may devise
19. What may be devised
20. A Surrender of this Kind bars an Entail.
22. An equitable Interest is devisable without a Surrender
27. But an equitable Entail is not barred by a Devise
31. Where a Surrender will be supplied
38. A Surrender not supplied unless the Intent is appa-
rent
41. The Heir sometimes put to his Election
52
53
54
56
58
59
60
61
63
.
CHAP. V.
Of the Solemnities necessary to a Devise.
1. Statute of Frauds
2. What is required by this Statute
3. Writing
7. Signing by the Testator
14. Attestation by Three Witnesses
19. Who must see the whole Will
21, And must attest in the Presence of the Testator
29. But may attest at different Times
35. Whether Wills and Codicile must be separately attested
42. Who may be Witnesses
47. Publication
50. A Person cannot empower himself to give Lands by a
Will not duly attested
52. Wills charging Lands are within the Statute
53. But not Wills or Codicils giving Legacies
58. Wills of Trust Estates are within the Statute
60. And of Mortgages and Equities of Redemption
62. But not Wills of Copyholds
68, Or of Terms for Years
70. Except Terms attendant on the Inheritance
75
78
79
80
82
87
88
89
90
72. Wills made abroad within the Statute
73. The Execution of a Will may be proved in Chancery
91
CHAP. VI.
94
102
Of the Revocation of Devises.
1. All Devises are revocable
92
2. Of express Revocations
93
4. A subsequent Will revoking, or inconsistent with a
former one
8. Otherwise both Wills are good
15. Two inconsistent Wills of the same Date are void
16. A second unattested Will revokes Legacies
18. A Codicil
19. A written Declaration
103
23. It must be signed by the Testator
105
25. Cancelling
-28. By the Testator, or by his Direction
107
30. An Intention to cancel is sufficient
32. An Obliteration of Part does not revoke the whole
109
37. Cancelling one Part revokes the other
113
38. Of implied Revocations
39. Marriage and Birth of a Child
51. A Woman's Will revoked by Marriage
118
52. Alteration of the Estate
53. Alienation to a Stranger
56. Contract for Sale
119
61. An intended Alienation
63. Alienation to the Use of the Testator
67. Alienation to strengthen the Devise
70. Fine and Recovery
77. Any Conveyance inconsistent with the Devise
125
81. Parol Evidence not admissible
132
84. A fraudulent Conveyance is not a Revocation
134
86. Nor an Alteration of the Quality of the Estate
92. Nor the Change of a 'Trustee
137
95. Nor a Partition
138
98. Unless it extends to other Things
- 139 CHAP. VIII.
120
122
Of void Devises.
2. Devise to the Heir at Law
6. Though charged with Debte
10. The Devisee must be sole Heir
12. A Difference in the Estate renders the Devise good
17. Devises to Charitable Uses
18. Where there has been Fraud
20. Where the Devisee dies before the Devisor
32. The Estate descends to the Heir
158
159
160
162
163
169
CHAP. IX.
Of the Construdion of Devises-General Rules.
1. The Intention will be effectuated
15. Words rejected or supplied
18. The Word or construed and
25. Estates sometimes transposed
26. Contradictory Devises
28. A Perpetuity cannot be created
34. Construction cy pres
39. No Averment allowed to explain Wills
43. Unless there is a latent Ambiguity
171
174
183
187
188
-
191
193
194
CHAP. X.
205
220
Construction- What Words create a Devise, and describe the Devisees
and the Things devised.
2. What Words create a Devise
198
7. Words of Advice or Desire do not create a Devise 200
14. But sometimes raise a Trust
203
19. Devises by Implication
25. What Words necessary to describe the Devisees
207
43. The Word Issue
213
46. The Words Sons, Children, Relations, &c.
54. What Words necessary to describe the Things devised 218
55. The Words Lands, Tenements, and Hereditaments 219
59. Messuage and House
63. The Word Estate
67. All my Rents
69. All I am worth
71. The Word Legacy
73. Residue of Estate, Property, and Effects
223
81. Effect of additional Words
228
88. Words sometimes applied against their Technical
Meaning
231
91. General Words confined to Freeholds
232
105. What Words necessary to pass Reversions
244
119. And Mortgages or Lands held in Trust for others
252
128. And Equities of Redemption
256
129. And Copyholds
221
222
CHAP. XI.
Construction What Words create an Estate in Fee Simple.
2. Words showing an Intention to give the whole Interest 260
19. Words of Reference
265
21. Effect of an Introductory Clause
25. The Word Estate
266
34. All my Real Property
270
35. The Words Right, Title, and Interest
37. All the Rest and Residue of my Estate
271
274
43. Whatever else I have not disposed of
45. The Words Remainder and Reverfion
48. Devise on Condition of paying a Sum of Money
53. Or charged with Debts and Legacies
60. Or with an Annual Payment for ever
64. Or for the Life of a Third Person
72. A Devise with a Limitation over
76. Devise to Trustees for Purposes requiring a Fee
80. What Words pass the whole Interest in a Chattel
275
277
279
280
- 283
284
286
CHAP. XII.
288
Construction-What Words create an Estate Tail.
1. No Technical Words necessary
7. The Word Heirs qualified by subsequent Words
290
20. Or by a Remainder over to a Collateral Heir • 296
27. The Words Issue, Children, &c.
299
32. An Estate Tail may arise by Implication
301
37. A Devise generally may be enlarged into an Estate Tail 302
46. A Devise for Life may be enlarged into an Estate Tail 305
CHAP. XIII.
Construction-What Words create an Estate for Life, a Term for
Years, and uncertain Interests.
1, Where an express Estate for Life is devised
319
5. Though a Power of Disposal be given
322
9. A Devise without any Words of Limitation
326
25. Though charged with a Payment out of the Estate
devised
336
33. Or an Annuity during the Life of the Devisee
340
35. The Word Estate, when descriptive of Local Situation 341
38. The Word Hereditament
342
39. Where the general Intention requires it
343
43. What Words create a Term for Years
344
45. And uncertain Interests
345
D