A Digest of the Laws of England Respecting Real Property, Volumen6

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A. Strahan, 1818
 

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Who are disabled from devising
17
Idiots and Persons of Nonsane Memory id
18
To whom Lands may be devised
19
Bastards
20
And must attest in the Presence of the Testator
21
CHAP III
28
But may attest at different Times
29
Mortgages
32
Equities of Redemption id
33
Contingent Estates and Interests
34
Whether Wills and Codicils must be separately attested
35
The Devisor must be seized or entitled
37
And must continue seized or entitled
39
Exceptions
40
A Right of Entry is not devisable
41
Nor a Joint Tenancy
42
may be Witneſſes
44
Publication
47
A Person cannot empower himself to give Lands by a 75 78
50
Page
52
Wills charging Lands are within the Statute 53 But not Wills or Codicils giving Legacies
53
Wills of Trust Estates are within the Statute
58
And of Mortgages and Equities of Redemption
60
But not Wills of Copyholds
62
Or of Terms for Years
68
Except Terms attendant on the Inheritance
70
id
87
Wills made abroad within the Statute
91
CHAP VI
92
Of express Revocations
93
A subsequent Will revoking or inconsistent with a former one
94
Two inconsistent Wills of the same Date are void
101
A second unattested Will revokes Legacies id
102
A written Declaration
103
It must be signed by the Testator
105
By the Testator or by his Direction
107
An Intention to cancel is sufficient id
109
Cancelling one Part revokes the other
113
A Womans Will revoked by Marriage
118
Alienation to a Stranger id
119
An intended Alienation I 20
122
Fine and Recovery id
125
Parol Evidence not admissible
132
A fraudulent Conveyance is not a Revocation
134
Nor an Alteration of the Quality of the Estate id
137
Nor a Partition
138
Ugless it extends to other Things O
139
Revocations of Leaseholds
141
CHAP VII
144
Reexecution is a Republication id
145
Unless confined to Lands devised by the Will
152
Cancelling a second Will republishes the firſt
153
But a Will once cancelled must be reexecuted
154
A Surrender of a Copyhold is a Republication
155
CHAP VIII
158
Though charged with Debts
159
The Devisee must be sole Heir
160
A Difference in the Estate renders the Devise good id
162
Where there has been Fraud id
163
id
169
CHAP IX
171
Words rejected or supplied O
174
The Word or construed and
183
Estates sometimes transposed
187
Contradictory Devises
188
A Perpetuity cannot be created id
191
No Averment allowed to explain Wills
193
Unless there is a latent Ambiguity
194
What Words create a Devise
198
Words of Advice or Deſire do not create a Devise
200
But sometimes raise a Trust
203
Devises by Implication
205
What Words neceſſary to describe the Devisees
207
The Word Iſſue
213
General Words confined to Freeholds
232
What Words neceſſary to pass Reversions
244
And Mortgages or Lands held in Trust for others
252
And Equities of Redemption
256
CHAP XI
259
The Word Estate
266
All my Real Property
270
The Words Right Title and Interest id
271
Devise on Condition of paying a Sum of Money
275
Or charged with Debts and Legacies
277
Or with an Annual Payment for ever
279
Or for the Life of a Third Person
280
A Devise with a Limitation over
283
Devise to Trustees for Purposes requiring a Fee
284
What Words pass the whole Interest in a Chattel
286
CHAP XII
288
The Word Heirs qualified by subsequent Words
290
Or by a Remainder over to a Collateral Heir
296
The Words Iſſue Children c
299
An Estate Tail may arise by Implication
301
A Devise generally may be enlarged into an Estate Tail
302
A Devise for Life may be enlarged into an Estate Tail
305
CHAP XIII
319
Though a Power of Disposal be given
322
A Devise without any Words of Limitation
326
Though charged with a Payment out of the Estate devised
336
Or an Annuity during the Life of the Devisee
340
The Word Estate when descriptive of Local Situation
341
The Word Hereditament
342
Where the general Intention requires it
343
What Words create a Term for Years
344
And uncertain Interests
345
Applied to Devises of legal Estates
346
Though the Limitation to the Heirs be only mediate
349
Though the Estate for Life arise by Implication
351
Where the Word Heir in the Singular Number is used
353
Where there are superadded Words to the Word Heirs
354
In Devises of Trust Estates
357
In Devises of Copyholds
365
Or to Heirs with Words of Explanation
367
Or to the Word Heir with Words of Limitation
371
Or to Heirs with Words limiting an Estate of a par ticular Nature
372
Or to the Heir for Life
374
Or to Issue with Words of Limitation
375
Unless the general Intent require a different Construc tion
377
Or where a Trust is created and a Conveyance directed
386
Or where the Estates are of different Natures
394
Case of Perrin v Blake
395
General Observations on the Rule
416
CHAP XV
417
What Words create a Tenancy in Common
426
What Words create Cross Remainders
434
Formerly not implied between more than Two
436
This Doctrine somewhat altered
438
to Debts and Legacies and enable Persons to sell Lands
447
Copyholds liable as well as Freeholds O
454
CHAP XVII
461
A Devise after a general Failure of Heirs or Issue
469
Derises of this Sort sometimes supported as Remainders
475
A Devise after a general Failure of Heirs or Issue
481
2º A Devise in default of Issue of the Devisor
489
Executory Devises of Terms for rears
495
The Words Dying without Issue sometimes
508
No Distinction between Words giving an express
515
A preceding executory Limitation is not a Condition
523
Distinction between the Cases where a subsequent
529
The Freehold descends in the meantime to the Heir
535
And also the intermediate Profits
536
A Devise of the Residue will pass such Profits
537
Executory Interests are devisable id
538
s1 Descendible and transmissible to Heirs and Executors
539
The Court of Chancery will restrain Waste
540
Of Trusts of Accumulation
543

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Página 369 - ... preferred, and to take before, the younger of such sons, and the heirs male of his and their body and...
Página 584 - ... profits, and produce of such property, so directed to be accumulated, shall, so long as the same shall be directed to be accumulated, 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.
Página 419 - ... equally to be divided between them, share and share alike, as tenants in common and not as joint tenants...
Página 574 - Princess; and for default of such issue to the Princess Anne of Denmark, and the heirs of her body ; and for default of such issue to the heirs of the body of the said Prince of Orange.
Página 24 - ... an intention, that such a thing shall take place ; without reference to the circumstance, whether the testator had any knowledge of the extent of his power, or not. Nothing can be more dangerous than to speculate upon what he would have done, if he had known one thing or another. It is enough for me to say, he had such intention; and I will not speculate upon what he would have intended in different cases put There is an error in Cull v.
Página 268 - Jacob to have and to hold to him and his heirs for ever. Item I give to my Son...
Página 363 - 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...
Página 584 - ... and in every case where any accumulation shall be directed otherwise than as aforesaid, such direction shall be null and void, and the rents, issues...
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