A Digest of the Laws of England Respecting Real Property, Volume 6J. Butterworth, 1824 - Real property |
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Page 7
... intention of a person appears to give or dispose of his lands , after his decease , though in the form of a deed , will be considered as a good devise . Witham , 16. C. Witham , by indenture made between him Hickson v . of the one part ...
... intention of a person appears to give or dispose of his lands , after his decease , though in the form of a deed , will be considered as a good devise . Witham , 16. C. Witham , by indenture made between him Hickson v . of the one part ...
Page 15
... intention is plain , and though after the decease of the baron , when she became sui juris , she might have devised the lands to J. S. , or by a republi- cation have made the former will good , yet it was not relievable in equity . 14 ...
... intention is plain , and though after the decease of the baron , when she became sui juris , she might have devised the lands to J. S. , or by a republi- cation have made the former will good , yet it was not relievable in equity . 14 ...
Page 20
... intention ; and the Court will not speculate upon what he would have done in the different cases put . If the instrument is such as to indicate what the intention was , the only question is , did he intend the property to go in such a ...
... intention ; and the Court will not speculate upon what he would have done in the different cases put . If the instrument is such as to indicate what the intention was , the only question is , did he intend the property to go in such a ...
Page 21
... intention is as plain as in Noys v . Mordaunt : why then should not the Court say in the former case , the intention is clear , but cannot as to the real estate have legal effect , from the omission of a third witness by mistake : as in ...
... intention is as plain as in Noys v . Mordaunt : why then should not the Court say in the former case , the intention is clear , but cannot as to the real estate have legal effect , from the omission of a third witness by mistake : as in ...
Page 51
... intention of signing the other sheets , but was not able ; he therefore did not mean the signature of the first two sheets as a signature of the whole will : there never was a signing of the whole . The Court , to be . sure , would lean ...
... intention of signing the other sheets , but was not able ; he therefore did not mean the signature of the first two sheets as a signature of the whole will : there never was a signing of the whole . The Court , to be . sure , would lean ...
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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.