1. A Bequest over of a Term for Years is now good 5. And 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. Must vest within the Period allowed 18. Unless such Failure is confined to the Time allowed 24. The Words "Dying without Issue" sometimes re- strained to the Death of a Person in esse id. 33. Nor between a Devise for Life, and an indefinite 24. A Limitation which was originally a Contingent Re- mainder may take effect as an Executory Devise id. CHAP. IX. Construction of Devises—general Rules. CHAP. X. Construction-what Words create a Devise, and describe the Devisees, and the Things devised. CHAP. XI. Construction-what Words create an Estate in Fee Simple. CHAP. XII. Construction-what Words create an Estate Tail. CHAP. XIII. Construction-what Words create an Estate for Life, a Term for Year's, and uncertain Interests. CHAP. XIV. Construction Rule in Shelley's Case. CHAP. XV. Construction-what Words create a Joint Tenancy, a Tenancy in common, and cross Remainders. CHAP. XVI. Construction-what Words create a Condition, make Lands liable to Debts, and enable Persons to sell Lands. CHAP. XVII. Executory Devise-Devise over after a Devise in Fee Simple. CHAP. XVIII. Executory Devise-Devise of a Freehold Estate to commence in futuro. CHAP. XIX. Executory Devises of Terms for Years. CHAP. XX. Other Matters relating to Executory Devises. . Devise THE last mode of conveying real property is by Origin of dedevise, or disposition contained in a person's last will and testament, to take place at the death of the devisor. The word devisa, devise, appears to be derived from divide, and originally meant any kind of divi sion or distribution of property. But it was used to denote a will or testament so early as in the time of Glanville, who says, Potest enim quilibet homo, majoribus debitis non involutus, de rebus suis, in infirmitate suá rationabilem devisam facere. * n. 1, 2. Wright's Ten. 173. 2. It is generally agreed that the power of devising 1 Inst. 111. b. lands existed in the time of the Saxons; but upon 2 Inst. 7. the establishment of the Normans it was taken away as inconsistent with the principles of the feudal law; and although many of the restraints on alienation by deed were removed before Glanville wrote, yet the Tit. 32. c. l. power of devising lands was not allowed for a long time after; partly from an apprehension of imposition on persons in their last moments; and partly on account of the want of that public notoriety which the common law requires in every transfer of real property. *The will of King Alfred is preserved in a Register of the Abbey of Newminster, and has been lately printed at Oxford. |