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

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J. Butterworth, 1824
 

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Unborn Infants
16
The same Words extend to Copyholds
18
Who ought to see the whole Will
21
Bodies Politic cannot be Devisees
22
And must attest in the presence of the Testator
23
Particular Estates sometimes transposed
25
Rents
28
But may attest at different times
32
But the Construction will be cy pres
35
Wills and Codicils need not be separately attested
36
And must continue seised or entitled
37
And Terms for Years
43
Who may be Witnesses
44
Publication
50
Sect Page
51
A Person cannot empower himself to give Lands by a Will not duly attested
53
Wills charging Lands are within the Statute
55
But not Codicils giving Legacies
56
Devises of Trust Estates are within the Statute
61
And also of Mortgages and Equities of Redemption
63
But not Wills of Copyholds
73
Or of Terms for Years 74 Except Terms attendant on the Inheritance
74
Wills made abroad within the Statute
76
A Devise of Lands may be proved in Chancery
77
Sect Page 39 Cancelling one part revokes the other
95
Marriage and birth of a Child id
96
48
97
A Womans Will revoked by Marriage
99
Alienation to a Stranger
100
An intended Alienation
101
Alienation to the Use of the Testator
102
Alienation to strengthen the Devise
103
Fine and Recovery id
106
Parol Evidence not admissible
112
A fraudulent Conveyance not a Revocation
113
Nor an Alteration of the Quality of the Estate
114
Nor the Change of a Trustee
116
Nor a Partition
117
Unless it extends to other Things
118
Partial Revocations
119
Revocations of Leaseholds
121
CHAP VII
123
Reexecution is a Republication
124
Unless confined to Lands devised by the Will
130
Cancelling a second Will republishes the first
132
But a Will once cancelled must be reexecuted
133
CHAP VIII
135
49
136
A Difference in the Estate renders the Devise good
137
Devises to Charitable Uses
139
Where there has been Fraud id
140
The Estate descends to the Heir
145
Where the Devise is uncertain
146
CHAP X
171
What Words necessary to describe the Devisees
179
The Words House or Family
189
Effect of additional Words
198
What Words necessary to pass Reversions
212
And Mortgages or Lands held in Trust for others
218
terest
224
Words of Reference
229
Effect of an Introductory Clause id
230
All my Real Property
234
All the Rest and Residue of my Estate
235
CHAP IV
249
The Word Heirs qualified by subsequent Words
250
Or by a Remainder over to a Collateral Heir
256
The Words Issue Children c
259
An Estate Tail may arise by Implication
260
A Devise for Life may be enlarged into an Estate Tail
264
CHAP XIII
276
Where an express Estate for Life is given
277
Though a Power of Disposing be given
279
A Devise without any Words of Limitation
283
Though charged with a Payment
292
Or an Annuity during the Life of the Devisee
296
Sect Page 38 The Word Hereditament
297
Where the general Intent requires it
298
What Words create a Term for Years
299
Devises of Copyholds
300
Though the Limitation be only mediate
303
Though the Estate for Life arise by Implication
305
Where the Word Heir in the Singular Number is used
307
A will now good without a Surrender
310
And in Devises of Copyholds
317
The Rule not applied to the Words Sons or Children
318
Or to the Word Heirs with Words of Explanation
319
Or to the Word Heir with Words of Limitation
323
Or to Heirs with Words limiting a particular Kind of Estate +
324
Or to the Heir for Life
325
Or to Issue with Words of Limitation
326
51
327
53
328
55
331
58
337
60
339
64
341
65
343
66
344
Case of Perrin v Blake
345
General Observations on the Rule
360
CHAP XV
364
What Words create a Tenancy in Common
372
What Words create Cross Remainders
380
Formerly not implied between more than Two
381
This Doctrine somewhat altered
383
cutors 471
399
Devise over after a Devise in
406
Curtosy attaches on the first Estate
413
Must vest within the period ailowed
433
The Words Dying without Issue sometimes
445
Nor between a Devise for Life and an indefinite
451
68
457
A Limitation which was originally a Contingent
464
id
468
And also the intermediate Profits id
470
Chancery will restrain Waste
472
72
484
id
521
73
533
74
538
75
567
25 iv Cancelling 28 By the Testator or by his Direction 30 An Intention to cancel is sufficient
569
An Obliteration of part does not revoke the whole
570
The Word Estate when descriptive of Local Situ ation id
575
78
586
85
589
90
590

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Página 321 - ... preferred, and to take before, the younger of such sons, and the heirs male of his and their body and...
Página 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...
Página 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,...
Página 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...
Página 232 - Jacob to have and to hold to him and his heirs for ever. Item I give to my Son...
Página 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...
Página 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.
Página 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...
Página 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.
Página 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.

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