DOWER-continued. three essentials to this estate, 30 b. shall be taken of the improved value of the land, 32 a. of the wife's age, 33 a. the different sorts of dower, 33 b. momentary seisin not enough, 31 b. what issue necessary, 40 a. the possibility of issue enough, though the wife be a hundred years old, or the husband only four, 40 a. the issue, if any, must be such as could inherit the husband's estate, 40 a. voidable marriage cannot be annulled after the death of one party, 33 a. not lost by a divorce à mensâ, 33 b. lost by a divorce à vinculo, 33 b. disseisee may enter upon disseissor's wife's dower, for the wife is in by her lease for years or rent in tail by husband before marriage will not deprive wife of, 32 a. dowress takes discharged of what incumbrances, 32 b. dowress must pay a third part of rent, 148 b. is held free of taxes and crown debts, 31 a. when it may be given by an infant, and when not, 38 a. cannot be had of dower by descent; contra of purchase, 31 a. no dower of joint tenancy, 37 b. wife of tenant in common cannot have dower set out, 37 b. curtesy allowed of joint tenancy with several inheritances, but not dower, 30 a. what of base fee determined, 31b. as to dower of estate on condition, 221 a. the land must be set out, 35 b. dowress cannot enter till possession delivered by sheriff, 34 b. assignment of, when necessary, 37 a. when husband's alienees may assign, 35 a. requisites to assignment of dower, 34 b. assignment necessary when husband's estate is held in common, or the lands in dower are not set out, 37 a. when husband's alienees may assign dower, the one for the other of them, 35 a. writ of, incidents to, 32 b. of the writ of dower, quarantine, and damages, 32 b. quarantine lost by marriage, 34 b. claim of election bars dower, 144 b. dowress accepting rent-charge may still claim dower and have an apportion- estoppel by acceptance, either in pais or on record, 33 a. estoppel by acceptance of jointure or dower, 36 b. what kinds a woman may reject, 36 a. release of dower to reversioner good, 265 a. lease by tenant in tail revives by endowment of his widow, 46 a. lease avoided by previous dower revives on its cessation, 46 a. estate suspended by dower revives on dower ceasing, 42 a. no dower of dower on descent, contrà on purchase, or if the first dower be not assigned, 31 a. of an exchange, 31 b. allowed of bastard's estate escheated, 244 a. of rent, 32 a. of annuity, 32 a. of appropriate advowson, 46 b. of tithes, 32 a. of common, 32 a. castle, mansion, 31 b. of mill, fair, fishery, &c. 32 a. wife attainted of felony, effect of pardon, 33 b. treason and felony, what effect on jointure and dower, 36 b. wife an alien, effect of denization and naturalization on dower, 33 b. on husband's attainder wife endowable, though issue cannot inherit; è con- DOWER-continued. effect of husband's attainder on dower, 41 a. husband alien or traitor no dower, contrà of an ideot, outlaw or a felon, 31 a. effect of elopement and adultery on dower, 32 a. jewess entitled to dower, when, 31 b. alien queen, 31 b. possessio fratris, how affected by dower, 15 a. by custom may be made of the half or the whole, or a fourth only, 33 b. by the custom of gavelkind may be made of a moiety, 33 b. of gavelkind and borough-English lands, 33 b. 35 b. of borough-English lands, 110 b. ex assensu patris, is what, 35 a. the endowment is by the son, of his father's land, 35 b. the son need not be of age, 35 b. of lands in borough-English, 35 b. the endowment is by the son, of what, 35 b. must be of an estate in possesston; heir must be apparent, not presump- this dower may be of more than a third, 36 a. wife may enter in father's lifettme, 35 b. if fatherafter assent be attainted of treason or felony the wife loses it, 35 b. deed, 34 a. widow may reject dower, ad ostium and ex assensu, and claim dower at com- infant cannot give dower ad ostium, but he may ex assensu patris, 38 a. DRUNKENNESS, what effect, 247 a. attaches goods and half lands, 289 a. statute and elegit creditors have a chattel to hold as a freehold, 43 b. 42 a. creditor same as lessee for years, 270 b. creditor's remedy, if evicted by a prior title, 289 b. survives to coparceners, 198 a. release to elegit creditors good, 273 b. creditor must attorn, 315 b. how affected by warranty, 366 b. ELOPEMENT, effect of elopement and adultery on dower, 32 a. on husband's attainder wife endowable, though issue cannot inherit; è con- EMBLEMENTS, who entitled to emblements; tenant for life-husband seised jure uxoris; joint- concern the annual profits only, 55 a. who are entitled to, 55 b. tenant at will entitled to emblements, but not tenant for years, 55 a. accrue where the corn is ripe but not cut, 55 b. grass not emblements, 56 a. derivative estates entitled to emblements, when, 55 b. no emblements if estate determined by party's own act, 55 b. EMBLEMENTS-continued. lessees prevented from taking emblements; his remedy: action on the case, 56 a. this estate does not arise except parties are man and wife at the time, 187 b. husband and wife take but one moiety, and companion the other moiety, and of conveyance by man and wife joint tenant's estate taken back is held by, 187 b. ENTRY, necessary to exchange and partition, 266 b. of one joint tenant or coparcener entry of both, 364 b. husband's fine must be avoided by entry, 326 a. to avoid a fine may be made by attorney or agent on an assent subsequent or common law entry to avoid fine must be within a year and a day; now five condition and conditional limitation distinguished as to grantee's right of entry, 214 a. separate conditions require separate entries for breach, 252 b. entry into part in name of whole good for lands in that county; contra if the right of action or entry not grantable: champerty, what is, 214 a. re-entry reservable to grantor and his heirs only, 214 a. right of entry or action cannot be released to a stranger, 266 b. clause of, makes a condition, 203 b. release of all actions no release of right of entry, 286 a. what amounts to an entry, interruption or claim, 245 a. freehold reverts only on, 218 b. for forfeitures, its effect on derivative estates, 233 b. forcible, is what, 257 a. power of, gives no estate in land, 203 a. right of entry, how preserved to heir by continual claim, 250 b. entry not tolled by descent during time disseisee is under duress, 259 a. entry prevented for fear of injury, claim as near as may be equal thereto, 253 b. fear of corporal hurt or imprisonment sufficient, but cause must be shewn ; feat of arson not enough, 253 b. entry not necessary to bargain and sale, 266 b. entry not necessary to surrender, 266 b. difference of conditions annexed to freehold and terms for years, as they affect lord in by escheat does not take away disseisee's entry, 240 a. entry for condition broken is not taken away by tenant's death in possession, 240 a. younger son's entry, abatement on eldest, and death, not a descent tolling entry in law and in deed same in effect, 254 a. party having right of, may either enter or bring action, 211 b. right of action and entry may be held in joint-tenancy, but not a right and an estate, 188 a. effect of general entry without saying for what land, 252b. as to survivorship of right of, as between baron and feme and a stranger, 188 a. ERASURE, its effect, 225 a. ESCHEAT, causes of escheat and other forfeitures, 92 b. tenant by, is in by purchase, 18 b. as to escheat of bastard's estate, 244 a. dower allowed of bastard's estate escheated, 244 a. lord's common not improved by escheats, 122 a. lord by escheat may distrain for rent, but cannot enter for breach of condition, 215 b. no escheat on dissolution of body corporate, land reverts to donor, 13 b. of the mortgagor's death without heirs, 206 a. lord in by escheat does not take away disseisee's entry, 240 a. lost by the disuse of fealty, 90 b. ESCROW, what, 36 a. ESCUAGE, what it is, 68 b. it is a tenure in chivalry, 73 a. how assessed, 71 b. as to distress for, 73 b. of the term of service, 69 b. of substitutes, 70 a. sub-lords when entitled to, 73 a. socage and escuage distinguished, 87 a. ESCUTCHEON, belongs to heir, but executor has also a right of action for defacing it, 18 b. meaning of the word, 9 a. embraces every thing in possession or remainder, 345 a. ESTATE TAIL APRES, this estate occurs only in special tail, 27 b. privileges and disabilities of tenant in tail apres, 27 b. this estate can arise only by act of God not by limitation or divorce, 28 a. ESTATE AT SUFFERANCE, description of, 57 b. ESTATE PUR AUTER VIE, release to tenant pur auter vie gives an estate for his own life, 273 b. warranty may be annexed to, 387 b. See further, Life Estate. ESTATE TAIL, why so called, 22 a. origin of, 18 b. what may and what may not be entitled, 19 b. if both ancestors named, they both take an estate tail, 26 a. the ancestor not named takes nothing, 26 b. the ancestor from whose body the issue are to proceed, takes the estate tail, 26 a. as to tenure of estates tail, subinfeudation what, 23 a. tenure in tail is of donor, 22 a. four incidents to, 224 a. tail general, what, 19 b. special tail, what, 20 b. special tail after general, bad, [but not è contra], 28 b. male or female, good, 24 b. in gift to A. and his eldest heirs female, female is rejected, 27 b. what words of procreation necessary, 20 b. half blood applies not to estates tail, 15 b. heirs male or female, gives tail general, 25 b. what words essential to create estate tail in deeds, 20 a. seed, issue, children, give what estates, 20 b. to A. and his heirs on the part of his, 27 a. to wife and her heirs husband &c. they take by purchase and she only a life limitation to man and woman unmarried, gives what estate, 20 b. by entireties how it arises, 25 b. heirs female of the body of the father, a life estate, 26 b. to one heir and his heir only, construction of gift, 22 a. gift to A. and his heirs female good, but gift to the heirs female of A. bad, 24 b. R R ESTATE TAIL-continued. "heirs male" gives a fee, in letters patent nothing, but in will " heirs male" to A. in tail, remainder to his heirs female, gives A. a remainder in female tail, to A. and the heirs of the body of his father, an estate tail, 26 b. entail may be to other than to the donee's issue, 20 b. effect of word begotten, in past, present, and future tenses, 20 b. what conditions on estates tail good, 223 b. descent of tail male, with remainder in tail female, and vice versa, 25 b. gift in tail to man and woman not married how, 25 b. descent of estate tail female, 25 a. of conditional fee in nature of estates tail at common law, 19 a. none of joint-tenancy, 189 b. construction of gift by one coparcener to her sister and the heirs of the body of her father, 26 b. partition of estate tail binds issue, 173 a. what conditions on, good, 223 b. with reversion in crown, are not now barrable, 372 a. tenant in tail forfeits for life only for felony, absolutely for treason, 392 b. tenant in tail cannot jointure by common law or statute, 38 a. rent-charge by tenant in tail and him in remainder, how it enures, 45 a. issue recovering land cannot take advantage of release to discontinue, 266 a. 334 a. tenant in tail's lease with livery, always a discontinuance, 336 a. lease by tenant in tail voidable, and confirmable by acceptance of rent, 46 b. tenant in tail leases for life to his eldest son (of age); remainder to his second tenant in tail's lease for life and grant of reversion a discontinuance, if rever- lease by tenant in tail; revives by endowment of his widow, 46 a. lease according to statute no discontinuance, 333 a. feoffment on condition by tenant in tail who after becomes apres, 202 a. to the deed, 359 a. tenant in tail's feoffment to his son defeated on his death, 348 a. feoffment of tenant in tail's discontinuance, 327 b. tenant in tail's feoffment to reversioner no discontinuance, contra if there be an intermediate remainder, 334 b. tenant in tail's feoffment divests estate tail; now otherwise as to jointures, 326 b. tenant in tail's feoffment to issue a remitter, 351 b. tenant in tail's release no discontinuance, neither is his confirmation, 329 b. estate tail alienable in fee, 343 b. fine bars an estate tail, but not a remainder, 372 a. fine no bar to entail where recovery cannot bar remainder, 372 b. lessor (in tail) by levying fine has new reversion, 215 a. common recovery a bar in Littleton's time to estate tail and remainder, 372 b. tenant in tail's death after judgment in recovery immaterial, 361 b. condition that tenant in tail shall not alien except for his own life, good, 223 b. condition in restraint of general alienation, bad, 224 a. estate tail, how barred by collateral warranty, 372 a. no discontinuance of estate tail whereof the party was never seised, except by tenant in tail must be party or privy to the act which excludes collateral war- ranty and disseisin, 373 a. |