A Digest of the Laws of England Respecting Real Property, Volume 6J. Butterworth, 1824 - Real property |
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Page iii
... Freehold 19. And imports a Consideration 20. Devises void against Creditors 23. Devisees entitled to aid in Equity 25. A Will of Lands need not be proved in the Eccle- siastical Court 28. But may be registered CHAP . II . Who may devise ...
... Freehold 19. And imports a Consideration 20. Devises void against Creditors 23. Devisees entitled to aid in Equity 25. A Will of Lands need not be proved in the Eccle- siastical Court 28. But may be registered CHAP . II . Who may devise ...
Page x
... Freehold Estate to commence in futuro . 1. Devise of a Frechold to commence in futuro 6. Devises of this Sort sometimes supported as Re- mainders 415 416 13. Must vest within the period allowed 419 • 18. A Devise after a general Failure ...
... Freehold Estate to commence in futuro . 1. Devise of a Frechold to commence in futuro 6. Devises of this Sort sometimes supported as Re- mainders 415 416 13. Must vest within the period allowed 419 • 18. A Devise after a general Failure ...
Page 8
... freehold is transferred to the devisee before entry ; and he may 1 Show . R. 71. enter without the assent of the devisor's heir , to whom nothing descends . If the devisor's heir should enter on the lands devised , the devisee may bring ...
... freehold is transferred to the devisee before entry ; and he may 1 Show . R. 71. enter without the assent of the devisor's heir , to whom nothing descends . If the devisor's heir should enter on the lands devised , the devisee may bring ...
Page 10
... freehold lands need not be proved in the Ecclesiastical Court ; although that is usually done , because most wills of land contain also a disposition of personal estate ; for the probate of such a will cannot be given in evidence ...
... freehold lands need not be proved in the Ecclesiastical Court ; although that is usually done , because most wills of land contain also a disposition of personal estate ; for the probate of such a will cannot be given in evidence ...
Page 37
... freehold and inheritance of the whole . Now , when the lord in this case made his will , it operated upon the whole manor , including the demesnes and services ; and when the copyhold was purchased by the lord , it was still part of the ...
... freehold and inheritance of the whole . Now , when the lord in this case made his will , it operated upon the whole manor , including the demesnes and services ; and when the copyhold was purchased by the lord , it was still part of the ...
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Common terms and phrases
afterwards age of 21 attested begotten body clause codicil construction construed contingent remainders conveyance copyhold Court of Chancery Court of K. B. Court of King's cross remainders daughter death decease decreed deed default descend devised lands devisor died without issue dispose eldest equity estate in fee estate tail executed executory devise failure of issue fee simple freehold give heir at law heirs and assigns heirs male held House of Lords inheritance issue male John joint tenants Judges King's Bench lease leasehold lives Lord Ch Lord Hardwicke Lord Mansfield mainder manor marriage messuages opinion pass person devised personal estate plaintiff premises question real estate reversion revocation revoked rule in Shelley's seised sons statute of frauds subsequent surrender tail male take effect tenants in common term Thellusson three witnesses tion took an estate trust vest vise void wife word heirs words of limitation
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.