Copyhold and Court-keeping Practice: With Nearly Two Hundred Precedents, and the Act for Amendment of the Laws with Respect to Wills, Intended Not Only for Use in the Office of the Most Experienced Practitioner, But Simplified in Such a Manner as to Enable a Town Or Country Solicitor...to Transact with Ease All the General Business in Admissions...&c

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proprietors of the Legal observer, 1837 - 233 páginas
 

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Contenido

Best course to be adopted
25
Reason for requiring abstract certified by steward
27
Purchase at auction
33
PRACTICE ON SALES
35
General practice as to abstracts and examination with
39
As to examination of stewards abstract with court rolls
45
Sect
46
Uniler a purchase will be on surrender bargain and sale
51
Difference between conveyance before and after bank
55
Must be seen that contents are fully abstracted
57
As to preparation of deed and its completion
61
Noting time of examination documents produced
64
Notice requiring inspection of court rolls
67
Party holding copies should be seen and his disclaimer
68
P on sale under court of equity
74
Practice where vendor sells part
80
Release of husbands curtesy or wifes dower
83
Requiring production of all documents proofs of pedi
86
where part of mortgage money to be paid
90
Purchaser must not obtain report till satisfied with title
92
Purchaser may obtain order to pay money into court
93
Effects of contract rescinded by opening biddings in equity
99
special variations in same
100
As to preparing the deeds of covenant on bonds and
105
Conditional surrender
107
Surrender
109
Enrolment of proceedings and bargain and sale and
111
Mode of conveyance and reference to forms
119
To secure annuity to wife and subject thereto to
125
On sending draft purchasers solicitor should urge
129
ENFRANCHISEMENTS
132
another form 349 Ditto 350 Creation of term out of copyhold interest 351 Deed of enfranchisement
133
Enrolment of deed STAMPS 353 Agreements
136
Conveyances
137
Surrenders and admissions
138
Mortgages
139
Annuities 358 Leases
140
Settlements 360 Partitions Enfranchisements
141
Lists of writings and papers to be delivered
145
Steps to be taken by steward on appointment
147
Reference to forms and as to saving expence of admis
151
recoveries
167
presenting deeds and enrolling 437 deputations 438 special court
168
forms
171
Delivery of abstract and obtaining requisitions
173
on death of free tenant 450 on dismissing court
174
3 Presentment paper and minute book first court 454 5 second court
177
7 third court
178
in tenure
179
9 fourth court
180
Reference to rule for calculating value given in appendix 260 Stipulations on treaty for enfranchisement as to lords
182
Course to be adopted where purchaser refuses to accept
183
A Entry of Courts Title of court 463 B Reference to admissions before lord 464 C Death presentment and first proclamation 465 Second proclamation
184
Third proclamation award of seizure 467 Precept to seize
185
Return of seizure 469 Entry of return 470 Surrenders absolute or conditional present ment of 471 Absolute first proclamation on 472 second procla...
186
third proclamation and award of seizure 474 precept to seize 775 bailiffs return 476 entry of 477 E Satisfaction on conditional surrenders Pre sentme...
188
Appointment with purchasers solicitor for completion
189
Second proclamation
190
Third proclamation and award of seizure
191
Where widow admitted to freebench the like 488 Daughters as Coparceners
193
Appointment of guardians on admission of infants 490 of widow to freebench
194
husband to curtesy 492 Admission of infant or feme covert under 9 G I
195
Mortgagees solicitor should not take on himself respon
196
Second proclamation 496 Third proclamation and award of seizure 497 Seizure
197
L Admission on sale under bankruptcy 502 M Admission of two or more as joint tenants 503 tenants in common
201
Delivery of schedule to mortgagor
202
P Conditional surrender in court
203
Sect
204
Q Surrender and release of dower or freebench 509 equity of redemption
205
by heir or other party possessing right
206
Apportionment of rent 512 Acknowledgment of free tenure
207
Licence to demise 514 fell timber
208
pull down buildings 516 dig for brick earth 517 when payment to be made according to quantity
209
Statement of first mortgagees claim abstract title
210
T Surrender and admissions before the lord Page 213 c A full Abstract of the Act 1 Victoria ch
213
Preliminary steps and reference to form and comple
216
When required form of discharge and as to memoran
220
Observation as to right
227
Rule for calculating value of enfranchisements
229
Steps to be taken on annuity surrenders
233
Observation as to notice to tenants to be signed

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Página 219 - It shall be signed at the foot or end thereof, by the testator or by some other person in his presence, and by his direction, and such signature shall be made or acknowledged by the testator, in the presence of two or more witnesses present at the same time, and such witnesses shall attest and shall subscribe the will in the presence of the testator and of each other but no form of attestation shall be necessary.
Página 222 - ... shall be construed to include any real estate, or any real estate to which such description shall extend (as the case may be), which he may have power to appoint in any manner he may think proper, and shall operate as an execution of such power, unless a contrary intention shall appear by the will...
Página 223 - ... or any other words which may import either a want or failure of issue of any person in his lifetime or at the time of his death, or an indefinite failure of his issue shall be construed to mean a want or failure of issue in the lifetime or at the...
Página 221 - ... of the will before such alteration shall not be apparent, unless such alteration shall be executed in like manner as herein-before is required for the execution of the will ; but the will, with such alteration as part thereof, shall be deemed to be duly executed if the signature of the testator and the subscription of the witnesses be made in the margin or on some other part of the will...
Página 224 - ... shall be living at the time of the death of the testator, such devise or bequest shall not lapse, but shall take effect as if the death of such person had happened immediately after the death of the testator, unless a contrary intention shall appear by the will.
Página 221 - ... by the burning, tearing, or otherwise destroying the same by the testator, or by some person in his presence and by his direction, with the intention of revoking the same.
Página 216 - And be it further enacted, that it shall be lawful for every person to devise, bequeath, or dispose of, by his will executed in manner hereinafter required, all real estate and all personal estate which he shall be entitled to, either at law or in equity, at the time of his death...
Página 222 - And be it further enacted, that every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.
Página 221 - ... manner hereinbefore required, and showing an intention to revive the same ; and when any will or codicil which shall be partly revoked, and afterwards wholly revoked, shall be revived, such revival shall not extend to so much thereof as shall have been revoked before the revocation of the whole thereof, unless an intention to the contrary shall be shown.
Página 222 - A general devise of the real estate of the testator, or of the real estate of the testator in any place or in the occupation of any person mentioned in his will, or otherwise described in a general manner...

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