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

Front Cover
J. Butterworth, 1824 - Real property

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Contents

The Word Estate
24
Mortgages
27
Nor Rights of Entry
33
Sect Page 26 But an equitable Entail is not barred by a Will
37
Exceptions
39
Whatever else I have not disposed
45
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
Devises of Trust Estates are within the Statute
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 IV
76
with a former one id
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 id
86
Cancelling
88
Alienation to a Stranger
100
An intended Alienation
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
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
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
Sect Page
147
Words rejected or supplied 150
150
The Word or construed and
162
A Perpetuity cannot be created
165
But the Construction will be cy pres
167
All my Rents
192
Residue or Remainder of Estate
193
Effect of additional Words
198
Words applied against their Technical Meaning 200
200
General Words confined to Freeholds 104 What Words necessary to pass Reversions 212
212
And Mortgages or Lands held in Trust for others
222
Or with a perpetual Annual Payment
224
CHAP XII
249
An Estate Tail may arise by Implication
260
CHAP XIII
276
Though charged with a Payment
292
Sect Page 38 The Word Hereditament
297
Where the general Intent requires it
298
What Words create a Term for Years
299
Devises of Copyholds
300
Where the Word Heir in the Singular Number is used
307
Though there are superadded Words id
310
And in Devises of Copyholds
317
In Wills of Terms for Years id
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
Sect Page 1 What Words create a Condition
391
cutors 471
399
CHAP XVII
404
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 XVIII
415
Devises of this Sort sometimes supported as Re mainders
416
Must vest within the period allowed
419
A Devise after a general Failure of Heirs or Issue is too remote 421
421
Exceptions1 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
The Words Dying without Issue sometimes
433
CHAP XX
453
Chancery will restrain Waste
472
This Doctrine somewhat altered 383
551
By the Testator or by his Direction 89
569
An Obliteration of part does not revoke the whole 92
570
Copyholds devisable by Surrender
571
Where an Estate Tail is raised by Implication id
576
VOL VI
593

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Common terms and phrases

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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