DESCENT-continued. Rules or canons of descent of estates in possession, &c. offices, courts, liberties, franchises, and commons of in- remainders and reversions, where an act of ownership has lands held in gavelkind, 442. copyholds, 444. uses, how descended before the statute, I. 370. possessio fratris applied to, III. 396. VII. male stocks are preferred to female in collateral inheritances, 397. mode of tracing an heir at law, 398. of estates in remainder and reversion: remainders and reversions descend to the heirs of the first purchasers no exclusion of the half blood takes place, 432. but an act of ownership, exercised over his estate by a remainder- descent of contingent remainders, II. 386. of estates tail, III. 438. an estate tail descends to the lineal heirs of the original donee, or and the half blood is not excluded, 439. not impeded by corruption of blood, ib. I. 76. nor governed by the maxims, seisina facit stipitem, or, possessio of lands held in gavelkind, is among the sons, as coparceners, and in their default, among all and a female may inherit, together with males, by representation, ib. cannot be altered by any limitation of the parties, ib. of lands held in Borough English, the custom of descent to the youngest son extends to estates tail and right of representation takes place in, ib. 444. does not extend to collateral descents, as e. g. between brothers; Ex- cannot be altered by limitation of the parties, ib. of lands held by copy, or court roll, or copyholds, is in general the same as that of estates held in socage, 443. but may be otherwise by custom, ib. right of representation takes place in, ib. descent ex parte paternâ et maternâ, 444. half blood excluded, ib. the estate acquired by the heir's entry before admittance, is a seisin possession of a lessee is possession of copyholder, I. 305. III. 446. DESCENT-continued. INDEX. customary descent in general, construed strictly, III. 446. special customs of descent must be specially pleaded, except gavel- kind and borough English, ib. by what evidence to be proved, 448. of a feud, I. 17. rules by which it was governed, ib. and see III. 438. of an equity of redemption, II. 114. of offices, III. 116, 397. of dignities, 215, 218, 219, 254. of estates by prescription, 489. of an estate limited to the heirs of the body of A, IV. 303. DESIRE, words of, where they will act creating a devise, VI. 173. where they will raise a trust in a devise, 176. DE VENTRE INSPICIENDO, III. 365. DEVEST. See Bargain and Sale, Covenant to stand Seised, Lease and Release. meaning of the word, V. 233. devesting of remainders limited by way of use, II. 309. rent cannot be devested, III. 338, 513. nor can a right of way or common, V. 237. no estate which is not devested can be barred by a fine and nonclaim, transfers the freehold, 8. imports a consideration, ib. imports a bounty, and not a satisfaction, I. 188, 226, 231, 407. need not be proved in the ecclesiastical court, 10, Exception, ib. a will executing a power retains all its properties, IV. 209. the original will must be produced in evidence, VI. 10. may be registered in Yorkshire and Middlesex, ib. 12. Who may devise, 13. the king, ib. the queen consort, ib. Who are disabled from devising, 14. infants, unless by special custom, 6, 14. an infant may devise the guardianship of his children, 14. married women, ib. Exception, ib. IV. 157. idiots, and persons of nonsane memory, VI. 14. the proof of idiocy, or nonsane memory, lies on the party charging it, DEVISE continued. Who are disabled from devising, a woman whose husband is banished for life by statute, or has ab- a removal of disabilities does not establish a will made during such Who may be devisees. See Devise. must submit to the whole will, 17. What may be devised, estates in fee simple, 23. conditional and base fees, ib. estates for lives, 24. chattels real, ib. a use was devisable before the statute of uses, I. 370. VI. 24. lands contracted for, 24. there must be express words, or an agreement, binding within a parol agreement, confessed so as to bind the parties, notwith- devisor must continue seised of, or well entitled to the lands, from an equity of redemption, 27. II. 114. mortgages, VI. 27.* advowsons, ib. any number of presentations may be devised, ib. franchises, ib. contingent estates and interests, 28. II. 394. terms for years, acquired after the execution of a will, pass by it, VI. 28. a reversion, 424. a rent granted pour autre vie, III. 333. copyholds. See infra, Devises of Copyholds. What cannot be devised, mere possibilities, without any interest, VI. 31, 32. share of estate held in joint tenancy, if will made before partition, 32. What seisin required in the testator, he must be seised, or entitled at the time of making the will, and writing, ib. the devise must be reduced into writing before the death of the the will may be written at different times, and on different sheets signing and sealing, ib. if the testator's name be written by himself, in any part of the will, Qu. whether sealing is a sufficient signing, 50. the want of signing all the sheets cannot be supplied, ib. 51, DEVISE continued. Circumstances required by the statute of frauds, a declaration of a testator, before witnesses, that a paper was his Attestation, by three witnesses, 51. where a testator owns his hand-writing before the witnesses, it is an attestation by witnesses setting their marks is good, within the whether wills and codicils must be separately attested, 60. of codicil, establishes will, when, 61. the witnesses should see the whole, 53. the witnesses must attest in the presence of the testator, 55. the attestation need not mention that the witnesses subscribed in who may be witnesses, 64. a person cannot empower himself to give lands by a will or codicil Publication, 65. delivery of a will as a deed is sufficient, 66. What devises are within the statute of frauds, except wills or codicils giving legacies, ib. wills of trust estates, 72. wills of mortgages and equities of redemption, ib. wills of customary freeholds, where there is not a custom of surren- dering them to the use of a will, 74. wills of terms for years, attendant on the inheritance, 75. but not wills of copyholds, 73. Exception, 74. or of terms for years not attendant, ib. wills made abroad are within the statute, 75. the execution of a will may be proved in chancery, ib. Revocation: all devises of lands are revocable, 76. by what methods, as pointed out by statute of frauds, 77. express revocations: a subsequent will revoking, or inconsistent with, a former one, ib. where the contents of a subsequent will are unknown, it is not a although a subsequent will be void, from the disability of the two inconsistent wills of the same date are void, 84. a second unattested will revokes legacies, ib. a codicil has the same effect as a subsequent will, 85. a declaration in writing, ib. 86. a declaration must be attested by three witnesses, 86. the witnesses need not subscribe in the presence of the testator, ib. cancelling: when cancelling is a revocation, 88. the will must be cancelled by the testator, or by his direction, 89. DEVISE continued. cancelling: an obliteration of part does not revoke the whole, VI. 92. where there are duplicates, cancelling one part revokes the other, 95. marriage and birth of a child, ib. if not rebutted by other circum- marriage and birth of a posthumous child, 97. Qu. whether either singly is a revocation, 98. where a woman survives her husband, marriage is only a suspen- an alteration of the estate, 100. an alienation to a stranger, ib. contract for sale, ib. an intended alienation, 101. an alienation to the use of the testator, 102. an alienation to strengthen a devise held to be a revocation, 103. a common recovery, 435. VI. 103. Modern doctrine of implied revocations, any conveyance inconsistent with the devise, 106. an alteration in the nature of the estate is a revocation, ib. 111, parol evidence cannot be admitted against a revocation, ib. a fraudulent conveyance is 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 extend to other things, 118. a devise of an equitable estate not revoked by a subsequent acqui- Partial revocations: a lease of lands devised is a partial revocation, 119. a mortgage in fee is only a revocation pro tanto, ib. and also a conveyance for raising money to pay debts, 120, unless bankruptcy, 121. Revocations of devises of leaseholds: a surrender and renewal is a revocation, 121. the purchase of a reversion expectant on a lease for lives is a revo- renewal of a term of years, when specifically bequeathed, ib. 122. nature and effect of, 123. a re-execution is a re-publication, 124. in what cases a codicil is a re-publication, ib. when it is duly attested, and is annexed or refers to a will, ib. 125. a surrender of a copy hold to the use of a will may operate as a re- when a re-publication affects lands purchased between the devise and cancelling a second will re-publishes a former uncancelled will, 132. |