DEVISE continued.

Executory devises;

A devise of a freehold to commence in futuro,

at what time it must vest, VI. 419.

devise over depending on a previous devise which is too remote,
void, 420.

a devise, where no previous estate is given, after a general failure
of issue, is too remote, 421.

Except

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 the first devisee,
432.

or where an estate tail is raised by implication, ib.

A bequest over of a term for years, after a previous disposition, 433.
a devise over of a term after a devise for life, was formerly void,
433, 434, but is now good, 248, 434, as also a similar declara-
tion of a trust of a term, 435, although to a person not in esse,
or not ascertained, 436.

although the first devisee were to take the absolute property, an
ulterior devise will be good, 436.

cannot be barred by the devisee for life, ib.

within what time it should vest, 437.

a devise over after a general failure of heirs or issue, is void, ib.
unless the failure be confined to a life or lives in being, 438.

a devise over after a general failure of issue, cannot be supported
as a remainder, ib.

the words dying without issue, sometimes restrained to the death
of a person in esse, 445.

no distinction between an express estate tail, and one given by
implication, 450.

no distinction between a devise for life, and an indefinite devise, 451.
an executory devise for life after a general failure of issue to a
person in esse, is good, 452.

executory interests in terms for years,

are devisable, 470, assignable, 471.

may be passed by fine or recovery, or released, ib.

and transmissible to executors, 472, and descendible to heirs, ib.
Where one limitation is executory, all the subsequent ones are so
likewise, 453.

a preceding executory limitation may be uncertain, when a subse-
quent one is certain, 455.

a preceding executory limitation is not a condition precedent, 457.
a limitation over after an executory devise of the whole interest,
sometimes good, 459.

where a subsequent limitation may become good, and where not, 463.
a limitation which was originally a contingent remainder, may take
effect as an executory devise, 464.

distinction between executory devises per verba de præsenti and
per verba de futuro, 468.

the freehold descends in the meantime to the heir at law, 469,
and also the intermediate profits, ib.

a devise of the residue will pass the intermediate profits, 470.
executory estates and interests are devisable, 28, 470.

also assignable, 471.

may be passed by fine or recovery, and released, 471.
are descendible to heirs, 472.

DEVISE continued.

Executory devises,

equity will prevent the persons in possession from committing waste,
VI. 472.

trusts of accumulation, 476, 513. See Accumulation..

DEVISEE,

must submit to the whole will, 17.

Who may be devisees, 15.

an infant in ventre matris, 16.

a married woman-even of her husband, ib.

aliens Qu. for whose benefit, ib.

a bastard, if born, ib.

uncertain persons, ib.

corporations, or bodies politic, cannot be devisees, 17.
What words sufficient to describe a devisee, 179.
where devisee rightly described but misnamed, ib.
where devisee a bastard, 179, 180.

the word heir sometimes a good description, 180.
the word issue a good description, 183.
who take under the word issue, ib. 184.

who take under the term kindred, 188.

the words sons, children, relations, &c. 184.

who take under the word descendants, 187, 188.

cannot bring writ of right, III. 495, 502.

may be barred by fine and nonclaim, V. 182.

may maintain an ejectment against the heir, VI. 8..
has the freehold without entry, ib.

is entitled to aid in equity, 9.

of a copyhold, must be admitted, 39, 40.

DIEM CLAUSIT EXTREMUM, I. 69.

DIGNITIES, III. 137.

origin of the curia regis, and parliament, ib. 140.

who were called pares curiæ, ib. I. 21, 57, 61.

barones majores et minores, distinction between, III. 141.

necessity of a writ of summons, when established, 142.

bishops and abbots holding per baroniam, were obliged to attend the

curia regis, 147.

Names of dignities, 143.

title of baron, ib. See Baronies.

title of earl, 144.

title of duke, ib.

title of marquis, 145.

title of viscount, ib.

by tenure, ib.

cases where dignities have gone with lands, 149.

By writ, 157.

the person summoned must sit, 158.

the proof of a sitting in parliament is by the records of parliament,
159.

are hereditary, 160.

of writs to the eldest sons of peers, 163.

a writ to the eldest son of a peer creates an hereditary dignity, 164.

DIGNITIES-continued.

By writ,

a writ to the eldest son of a peer, by his father's barony, gives him
the same estate which his father had in that barony, III. 244.

may be revived or restored by letters patent, 164.

by charter, 156.

By letters patent, 157.

when they commenced, ib.

manner of conferring them, 164.

the inheritance must be limited by apt words, ib.

are complete without the patentee's taking his seat, ib.

by marriage, 165.

by what acts a woman, noble by marriage, forfeits her dignity, ib.
on whom dignities can be conferred, ib.

Qu. whether they can be refused, ib.

are real property, 167.

need not be annexed to any place, ib.
What estate may be had in a dignity, 168.
a fee, simple or qualified, 169.

an estate tail, ib.

an estate in remainder, 171.

an estate for life, but not for years,

nor an estate by the curtesy, ib.

ib.

not alienable, 176, as they seem formerly to have been, 174, 175.

a dignity cannot be surrendered to the king, 176.

nor extinguished by a new title, 177.

instance of a peer degraded for poverty, 212.

an earldom does not attract a barony, 177, and the barony descends,
where the earldom becomes extinct, 178.

forfeited by attainder for high treason, 179, but the remainder-man is not
affected, 180.

but not by attainder for felony, when entailed, 181.

the attainder of any ancestor of a claimant produces corruption of
blood, 182.

entailed dignities are not subject to corruption of blood, ib. 183.

nature and effects of restitution of blood, 210, adverse possession for
eighty-five years will not bar recovery, ib.

Descent of a dignity, 169, 215.

by tenure, ib.

by writ, 216.

descends to all the lineal heirs of the person first summoned, ib.
and to females, ib. 160.

the descent of a dignity is not affected by possession, as in the case
of lands, 218, 223, 224.

the half blood may inherit, 218, 254.

but possessio fratris will hold in the case of a feudal dignity, because
the title is annexed to land, 218.

descent of baronies created by writs to the eldest sons of peers, 244.

is the same as that of the ancient barony, 249.

descent of dignities created by letters patent, 254.

Abeyance of a dignity, 219.

the crown may terminate an abeyance, 221,

modes of terminating an abeyance, 223.

effect of a writ of summons to one of the heirs of a co-heir, ib.

an abeyance determines when there is but one heir, 226.
cases of claims by a surviving heir, 232.

INDEX.

DIGNITIES-continued.

Abeyance of a dignity,

the attainder of one of two co-heirs does not terminate an abeyance,
III. 234.

not within the statutes of limitation, 213.

DILAPIDATIONS,

action for, by successor, against late incumbent, or his representatives,
if dead, I. 138.

DISABILITIES. See Idiots, Infants, and Married Women.

exceptions in the statute of 4 Hen. VII. in favour of persons lying under
disabilities, V. 210, 211.

case of a person dying under disabilities as to fines, 217.

DISCLAIMER,

forfeiture for, I. 72, 113, 331. '

acceptance of rent after disclaimer bars the lord of his writ of right, 72.
by implication, 113,

avoidance of a deed by disclaimer, IV. 435.

DISCONTINUANCE OF AN ESTATE TAIL,

action of, by issue in tail, I. 88.

is always tortious, IV. 66.

defined, II. 318. III. 359.

who may create a discontinuance, I. 89.

cannot be when immediate reversion is in the crown, ib. 100.
by alienation, 88, 89.

What conveyances create a discontinuance, 89.

a feoffment in some cases, ib. IV. 55, 66.

but not a grant, 57.

nor a bargain and sale, 115, 122.

a lease in some cases, 66.

but not a covenant to stand seised, 122.

nor a lease and release, 126.

a fine in some cases, I. 89. V. 154, 225.

and also a recovery, release, or confirmation, I. 89.

what lies in grant, as rents, advowsons, commons, &c., cannot be dis-
continued, V. 228.

DISSEISIN,

its effects in ancient times, I. 60, 61.

is a trespass, 61.

every entry is not, unless animus of disseissor is shewn, 60, 61.

remedy for, by novel disseisin, 61.

an entry before a lease begins is a disseisin, 240.

if the grantee of a tenant at will enters, it is a disseisin, 258.

of a rent, III. 338, 339, 513.

by feoffment, IV. 54.

there cannot be an actual disseisin of an incorporeal hereditament, III.
339. V. 233, 237.

where a feoffment to make a tenant to the præcipe operates by dis-
seisin, 313.

arguments of Lord Mansfield on the nature of disseisin, 314.

DISSEISOR,

may make a valid assignment of dower, I. 179.

cannot grant a copyhold,

286.

DISSENTERS, cannot be fined for refusing offices, III. 127, 128.

DISTRESS FOR RENT See Rents.

DIVORCE, its effects upon a title to dower, I. 165.

DONATIVE,

no presentation, institution, or induction necessary, III. 6, 15.

DOWER. See Jointure.

origin and nature of, I. 160, 175.
described by Glanville, 161, 162.
at common law, by Littleton, 162.
is a moral right, ib. 163.

by local custom, ib.

by custom of gavelkind, or freebench, ib.

by custom of some boroughs, ib.

by custom of manors, ib. 164.

implied condition annexed to it by law, II. 2.

Circumstances required to give a title to dower:

1. legal marriage; or marriage de facto, which, if voidable, was not
avoided in the husband's lifetime, I. 164.

fact of marriage must be tried by bishop's certificate, on plea of
ne unques accouplé, 164, 165.

effects of divorces, 165.

11. seisin of the husband during the coverture, ib.

what seisin gives a right to dower, 166.

seisin of husband, as a trustee or cognizee of a fine, is too mo-

mentary to confer dower, 167, 168.

what seisin of lands in gavelkind gives a right to dower, 167.
III. death of the husband, as well civil as natural, 168.

widows who may be endowed,.

natural-born subjects, having attained nine years at their husband's
deaths, 168.

except an alien queen, or woman made denizen, or naturalized, 169.
Jewess, wife of English Jew, who has become a Christian, ib.

women stolen, and consenting to live with the ravisher, ib.

when ceases with an estate tail, 175.

of what things a woman may be endowed:

estates in fee simple, 170.

share in fee in navigation of the Avon, 171.

estates tail, where the issue is capable of inheriting it, 84, 171.

not restrainable by any proviso whatever, 171.

nor divested by determination of estate tail by death of husband
without issue capable of inheriting, ib.; Exceptions, 175.

so if tenant in tail limits an estate for his own life, ib.

qualified or base fees, while they continue, 172; see 72, 73.

estates in coparcenary and common, 172. II. 466, 484.

copyholds and customary lands, as gavelkind, &c., 163, 164, 271,
294, 301.

mines, when opened, 170.

incorporeal hereditaments, as

share in navigation of the Avon, 171.

profits of mills, parks, dove-houses, fisheries, courts, fines, and

heriots, ib.

commons, 172.