A Digest of the Laws of England Respecting Real Property, Volume 3

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Saunders and Benning, 1835 - Real property

From inside the book

Contents

id
68
Exception where intention expressed to revoke
82
Or on Deception id
83
By the Testator or by his Direction
84
An obliteration of part does not revoke the whole
86
Cancelling one part revokes the other
89
A Womans Will revoked by Marriage
92
Alienation to a Stranger
93
Contract for Sale id
94
Alienation to the Use of the Testator
95
Alienation to strengthen the Devise
96
Fine and Recovery id
98
Exchange
103
Parol Evidence not admissible id
104
Nor an Alteration of the Quality of the Estate
105
Nor the change of a Trustee
107
Unless it extends to other Things
108
Partial Revocations
109
Bankruptcy
111
CHAP VII
114
Unless confined to Lands devised by the Will
120
Cancelling a second Will republishes the first
121
But a will once cancelled must be reexecuted
122
CHAP VIII
124
Sect Page 9 The Devisee must have been sole Heir
125
A Difference in the Estate rendered the Devise good
126
Devises to charitable Uses
128
The Estate descends to the Heir
133
Where the Devise is uncertain id
134
CHAP IV
135
Words rejected or supplied
138
The Word or construed and
144
And construed or
147
And and or construed literally
148
Particular Estates sometimes transposed id
149
A Perpetuity cannot be created id
151
No Averment admitted to explain Devises
153
CHAP X
157
The Word Heir
166
The Word Issue
169
The Words House or Family
173
What Words necessary to describe the Things devised
174
Messuage and House
175
All my Rents
176
Effect of additional Words
178
General Words confined to Freeholds
186
What Words necessary to pass Reversions
194
And Mortgages
200
And Trust Estates
202
And Equities of Redemption
204
CHAP XI
207
The Word Estate
213
Testamentary Estate
217
All the Rest and Residue of my Estate
218
Whatever else I have not disposed of
220
Remainder and Reversion
221
A Devise for Life may be enlarged into an Estate Tail
244
CHAP XIII
254
Though charged with a Payment
267
Or an Annuity during the Life of the Devisee
270
The word Hereditament
272
Where the general intent is to give a Life Estate notwithstanding words of limitation id
273
And uncertain Interests
274
Devises of Copyholds
275
Where the word Heir in the singular number is used
280
Though there are superadded words
281
Or words of modification of the Estate
283
Applied in Devises of Trust Estates
284
A Will now good without a Surrender
289
And in Wills of Terms for Years
290
Or to the word Heirs with words of explanation
291
Or to the word Heir with words of limitation
295
Or to the Heir for Life
296
Or to Issue with words of limitation
297
Unless the general intent require a different con struction
298
Or where an executory Trust is created
306
Or where the Estates are of different natures
312
Case of Perrin v Blake
313
General Observations on the rule
325
CHAP XV
329
What words create a Tenancy in Common
336
What words create Cross Remainders
343
Sect Page 37 Formerly not implied between more than two
345
This doctrine somewhat altered
346
CHAP XVI
353
Where construed a Limitation
354
The same words extend to Copyholds
358
Legacies not preferred to specific Devises
359
What words enable persons to sell Lands
360
CHAP XVII
366
Though the first Estate be not vested
368
No Devise is executory which can be supported as a Remainder
369
An Executory Devise cannot be barred id
370
A Devise over after a general failure of Heirs or Issue is void
372
Unless restrained to the period allowed id
374
CHAP XVIII
377
Devises of this sort sometimes supported as Remainders
378
Must vest within the period allowed
380
A Devise after a general failure of Heirs or Issue is too remote
382
ExceptionsI A Devise of a Reversion
384
A Devise in default of Issue of the Devisor
388
A Devise over for Life on failure of Issue of the first Devisee
391
Sect Page
392
Unless such Failure is confined to the Time allowed id
402
An Executory Devise for Life after a general Failure
408
An equitable Interest was devisable without a Surrender 40
409
The Freehold descends in the mean time
423
9
425
Trusts of Accumulation confined to the same period
429
The Estates must unite in the same Person in
466
85
489
Upon the Estate in which the merged Estate
495

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Page 47 - signed by the party so devising the same, or by some other person in his presence, and by his express directions ; and shall be attested and subscribed in the presence of the said devisor, by three or four credible witnesses ; or else they shall be utterly void, and of none effect.
Page 60 - thereby given or made; such devise, legacy, estate, interest, or appointment shall, so far only as concerns such person attesting the execution of such will or codicil, or any person claiming under him, be utterly null and void ; and such person shall be admitted as a witness to the execution of such will or codicil.
Page 294 - to the several heirs male of such first son lawfully issuing, so as the elder of such sons and the heirs male of his body should always be preferred and take before the younger, and the heirs male of his body; and for want of such issue, in trust for his second,
Page 459 - deed or deeds, surrender or surrenders, will, codicil, or otherwise howsoever, settle or dispose of any real or personal property so and in such manner that the rents, issues, profits, or produce thereof, shall be wholly or partially accumulated for any longer term than for the life or lives of any such grantor or grantors,
Page 212 - A testator began his will in these words; " As touching my worldly estate, wherewith it has pleased God to bless me, I give, devise, and dispose of the same in the following manner." He then gave to his mother all his estate at
Page 459 - settlor, or devisor, or other person or persons, or to any provision for raising portions for any child or children of any person taking any interest under any such conveyance, settlement, or devise, or to any direction touching the produce of timber or
Page 459 - contrary to the provisions of this act, go to and be received by such person or persons as would have been entitled thereto if such accumulation had not been directed. " Provided always, that nothing in
Page 346 - every the daughter and daughters of the body of PH, and to the heirs of her and their body and bodies lawfully issuing; such daughters, if more than one, to take as tenants in common, and not as joint tenants; and for default of such issue, to the right heirs of
Page 293 - on,—" the elder of such sons and the heirs male of his body to be preferred before the younger of such son and sons;" evidently meaning the same persons whom she had before described as heirs male of the body of
Page 292 - younger of such son and sons, and the heirs male of his and their body and bodies; and for want and in default of such issue, then to the use of and in trust for all and every the daughter and daughters of the body of the said

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