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

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J. Butterworth, 1824
 

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Attestation by Witnesses
14
To whom Lands may be devised
15
Unborn Infants
16
176
17
A Devise transfers the Freehold
18
Aliens
19
Bastards
20
Persons uncertain
21
Bodies Politic cannot be Devisees
22
Devisees must submit to the whole Will CHAP III
23
A Will of Lands need not be proved in the Eccle
25
The Word Heir
30
Devises of Copyholds 1 Copyholds devisable by Surrender 5 Effect of such Surrenders
37
Cancelling one part revokes the other
39
A will now good without a Surrender 19 A Surrender of this kind bars an Entail 21 An equitable Interest was devisable without a Sur render
40
Marriage and birth of a Child
41
The Word Issue
42
But may attest at different times 36 Wills and Codicils need not be separately attested 44 Who may be Witnesses 50 Publication 53 A Person cannot ...
47
The Words Sons Children Relations
53
What Words necessary to describe the Things
54
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
65
Or of Terms for Years
72
Except Terms attendant on the Inheritance
74
Wills made abroad within the Statute
76
A Devise of Lands may be proved in Chancery
77
vised
78
Alteration of the Estate
99
Alienation to a Stranger 58 Contract for Sale id 58 Contract for Sale 63 An intended Alienation
101
Alienation to the Use of the Testator 02
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
CHAP VIII
135
Though charged with Debts
136
A Difference in the Estate renders the Devise good
137
CHAP VI
171
Words shewing an Intention to give the whole In Page terest
224
The Word Estate
230
Effect of an Introductory Clause id
234
All the Rest and Residue of my Estate
235
Whatever else I have not disposed of
238
Remainder and Reversion id
239
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
And uncertain Interests
300
Though the Limitation be only mediate
303
Though the Estate for Life arise by Implication
305
used
307
Applied in Devises of Trust Estates
310
And in Devises of Copyholds
317
In Wills of Terms for Years id
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
Unless the general Intent require a different Con struction
328
Or where an executory Trust is created
337
Or where the Estates are of different Natures
344
Case of Perrin v Blake
345
General Observations on the Rule
364
What Words create a Tenancy in Common
372
What Words create Cross Remainders
380
Formerly not implied between more than Two
381
Origin of Executory Devises
404
CHAP XVIII
415
Must vest within the period ailowed
433
Must vest within the Period allowed
437
No Distinction between an express Estate Tail
450
CHAP II
453
Devises to Charitable Uses 139
535
This Doctrine somewhat altered 383
551
Vol VI
553
Who may devise
567
J All Devises revocable 2 Express Revocations 4 1 A subsequent Will revoking or inconsistent with a former one 8 Otherwise both Wills are good 15...
569
An Obliteration of part does not revoke the whole
570
Where there has been Fraud id
572
Messuage and House 190 62 The Word Estate 66 All my Rents 68 All I am worth 70 The Word Legacy 72 Residue or Remainder of Estate 80 Effect...
573
The Word Estate when descriptive of Local Situ ation id
575
Where one Limitation is executory all the others
576
The King
587
The Queen
603

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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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