A Digest of the Laws of England Respecting Real Property, Volume 6A. Strahan, 1818 |
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Page 8
... intention of a person ap- pears , to give or dispose of his lands after his decease , though in the form of a deed , will be considered as a good devise . 16. C. Witham , by indenture made between him of the one part , and Orbel and ...
... intention of a person ap- pears , to give or dispose of his lands after his decease , though in the form of a deed , will be considered as a good devise . 16. C. Witham , by indenture made between him of the one part , and Orbel and ...
Page 11
... intention of the testator . 24. A devisee is also entitled , in equity , to have Vide Tit . 15 . any incumbrance which may be on the devised c . 4. § 4 . estate paid off for his benefit . 25. A will of lands need not be proved in the A ...
... intention of the testator . 24. A devisee is also entitled , in equity , to have Vide Tit . 15 . any incumbrance which may be on the devised c . 4. § 4 . estate paid off for his benefit . 25. A will of lands need not be proved in the A ...
Page 24
... intention ; and the Court will not speculate upon what he would have done in the dif ferent cases put . If the instrument is such as to indicate what the intention was , the only question is , did he intend the property to go in such a ...
... intention ; and the Court will not speculate upon what he would have done in the dif ferent cases put . If the instrument is such as to indicate what the intention was , the only question is , did he intend the property to go in such a ...
Page 25
... intention is as plain as in Noys v . Mordaunt : why then should not the Court say in the former case , the intention is clear , but cannot as to the real estate have legal effect , from the omission of a third witness by mistake : as in ...
... intention is as plain as in Noys v . Mordaunt : why then should not the Court say in the former case , the intention is clear , but cannot as to the real estate have legal effect , from the omission of a third witness by mistake : as in ...
Page 55
... intention to execute such power , the Court will operate upon the conscience of the heir , to make him perfect this intention . 32. In the case of creditors , the Court will only ForCreditors . supply a surrender where the other estates ...
... intention to execute such power , the Court will operate upon the conscience of the heir , to make him perfect this intention . 32. In the case of creditors , the Court will only ForCreditors . supply a surrender where the other estates ...
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Common terms and phrases
afterwards alteration attested by three cancelled CHAP charge codicil conveyance copyhold copyhold estates Coryton Court of Chancery court of equity Court of King's custom daughter death decease declared decreed deed descent devise of lands devised lands devisor died dispose disposition duly attested effect equity estate in fee estate tail executed executors fee simple feme covert former freehold gavelkind give heir at law heirs male held hereditaments House of Lords infra intention interest issue King's Bench lands devised lease Lord Ch Lord Hardwicke Lord Mansfield manor marriage ment mortgage operate opinion Parl pass person devised personal estate plaintiff power of devising purchase question real estate recovery remainder reversion revocation revoked rule seised seised in fee sheet statute of frauds subscribed subsequent sufficient surrender tenant tenements term testament testator's testatrix thereof three witnesses tion trustees void wife words
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...