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

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J. Butterworth, 1824 - Real property

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Contents

CHAP III
23
Estates for Lives
24
A Will of Lands need not be proved in the Eccle
25
Lands contracted for id
27
Rents
28
Contingent Estates and Interests id
32
Nor Rights of Entry
33
The Devisor must be seised or entitled
34
And must continue seised or entitled
35
Exceptions
36
Tenancies escheated id
37
Effect of such Surrenders
38
A will now good without a Surrender
40
A Surrender of this kind bars an Entail
41
An equitable Interest was devisable without a Sur render
43
Sect Page 26 But an equitable Entail is not barred by a Will
45
Who may devise Copyholds
46
What Estate in a Copyhold may be devised
47
Statute of Frauds
48
Signing by the Testator
49
Attestation by Witnesses
51
Who ought to see the whole Will
53
And must attest in the presence of the Testator
55
But may attest at different times
58
Wills and Codicils need not be separately attested
60
Who may be Witnesses
64
Publication
65
A Person cannot empower himself to give Lands by a Will not duly attested
66
Wills charging Lands are within the Statute
68
But not Codicils giving Legacies id
72
And also of Mortgages and Equities of Redemption id
73
Or of Terms for Years
74
Except Terms attendant on the Inheritance
75
CHAP VI
76
Express Revocations
77
Otherwise both Wills are good
78
Two inconsistent Wills of the same Date are void
84
A second unattested Will revokes Legacies id
85
A written Declaration
86
Cancelling
87
Sect Page 39 Cancelling one part revokes the other
95
Marriage and birth of a Child id
96
A Womans Will revoked by Marriage
99
Alienation to a Stranger
100
Contract for Sale id
101
Alienation to the Use of the Testator
102
Alienation to strengthen the Devise
103
Fine and Recovery id
106
Parol Evidence not admissible
112
A fraudulent Conveyance not a Revocation
113
Nor an Alteration of the Quality of the Estate
114
Nor the Change of a Trustee
116
Nor a Partition
117
Unless it extends to other Things
118
Partial Revocations
119
Revocations of Leaseholds
121
CHAP VII
123
Reexecution is a Republication
124
Unless confined to Lands devised by the Will
130
Cancelling a second Will republishes the first
132
But a Will once cancelled must be reexecuted
133
CHAP VIII
135
Though charged with Debts
136
A Difference in the Estate renders the Devise good
137
Devises to Charitable Uses
139
Where there has been Fraud id
140
The Estate descends to the Heir
145
Where the Devise is uncertain
146
CHAP X
171
Devises by Implication
177
The Word Issue
183
The Words House or Family
189
Effect of additional Words
198
What Words necessary to pass Reversions
212
And Mortgages or Lands held in Trust for others
218
Or with a perpetual Annual Payment C
242
Or for the Life of a Third Person
243
A Devise with a Limitation over
245
Devise to Trustees for Purposes requiring a Fee
246
What Words pass the whole Interest in a Chattel
247
CHAP XII
249
The Word Heirs qualified by subsequent Words
250
Or by a Remainder over to a Collateral Heir
256
The Words Issue Children c
259
An Estate Tail may arise by Implication
260
A Devise for Life may be enlarged into an Estate Tail
264
CHAP XIII
276
Where an express Estate for Life is given
277
10
279
A Devise without any Words of Limitation
283
Though charged with a Payment
292
Or an Annuity during the Life of the Devisee
296
Sect Page 38 The Word Hereditament
297
Where the general Intent requires it
298
What Words create a Term for Years
299
And uncertain Interests
300
Though the Limitation be only mediate
303
Though the Estate for Life arise by Implication
305
Where the Word Heir in the Singular Number is used
307
Applied in Devises of Trust Estates
310
And in Devises of Copyholds
317
The Rule not applied to the Words Sons or Children
318
Or to the Word Heirs with Words of Explanation
319
Or to the Word Heir with Words of Limitation
323
Or to Heirs with Words limiting a particular Kind of Estate
324
Or to the Heir for Life
325
Or to Issue with Words of Limitation
326
Unless the general Intent require a different Con struction
328
Or where an executory Trust is created
337
Or where the Estates are of different Natures
344
Case of Perrin v Blake
345
General Observations on the Rule
360
CHAP XV
364
What Words create a Tenancy in Common
372
What Words create Cross Remainders
380
Formerly not implied between more than Two
381
This Doctrine somewhat altered
383
Sect Page 1 What Words create a Condition
391
Where construed a Limitation
392
id
393
The same Words extend to Copyholds
397
Legacies not preferred to specific Derises
398
What Words enable Persons to sell Lands
399
CHAP XVII
404
Though the first Estate be not vested
406
No Devise is executory which can be supported as a Remainder
407
An Executory Devise cannot be barred
408
Within what Time an Executory Devise must vest id
411
Unless restrained to the period allowed id
413
CHAP II
415
mainders
416
Must vest within the period ailowed
419
A Devise after a general Failure of Heirs or Issue 421
421
ExceptionsI A Devise of a Reversion
424
A Devise in default of Issue of the Devisor
429
A Devise over for Life on Failure of Issue of
432
Executory Devises of Terms for Years
433
The Words Dying without Issue sometimes
445
Nor between a Devise for Life and an indefinite
451
A preceding executory Limitation may be uncertain
457
Limitation over after an Executory Devise of
463
The Freehold descends in the mean time
469
cutors
471
Who may devise
567
By the Testator or by his Direction 30 An Intention to cancel is sufficient 90
569
An Obliteration of part does not revoke the whole 92
570
The Word Estate when descriptive of Local Situ ation id
575
ir Where an Estate Tail is raised by Implication
576
The King
626
The Queen
694

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Popular passages

Page 321 - ... preferred, and to take before, the younger of such sons, and the heirs male of his and their body and...
Page 64 - ... such devise, legacy, estate, gift or appointment shall, so far only as concerns such person attesting the execution of such will, or the wife or husband of such person, or any person claiming under such person or wife or husband be utterly null and void...
Page 77 - ... by some other will or codicil in writing, or other writing declaring the same, or by burning, cancelling, tearing, or obliterating the same, by the testator himself, or in his presence, and by his directions and consent ; but all devises and bequests of lands and tenements shall remain and continue in force until the same be burnt, cancelled, torn, or obliterated, by the testator, or by his directions, in manner aforesaid, or unless the same be altered by some other will or codicil in writing,...
Page 311 - 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 232 - Jacob to have and to hold to him and his heirs for ever. Item I give to my Son...
Page 316 - 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 503 - 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 110 - ... remainder to the use of the first and other sons of the marriage in tail male ; remainder to the first and other sons of...
Page 337 - W. by deed or will should appoint ; " and, for want of such appointment, to the heirs of the body of " W., share and share alike, as tenants in common ; and if but one " child, the whole to such only child ; and, for want of such issue, " to the heirs of the testator.
Page 413 - Now taking all this into consideration together, it is impossible not to see that the failure of issue intended by the testator was to be a failure of issue at the death of the first taker ; and if so, the rule of law is not to be controverted.

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