A Treatise on the Law of Wills and Codicils, Volume 1J. Butterworth, 1815 - Executors and administrators |
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Page 33
... real estate , is pro- perly examinable in courts of law , on an issue of devisavit vel non ; but fraud as to a personal will , be- longs to the jurisdiction of the spiritual court . If infancy , non sane memory , ideocy , coverture , or ...
... real estate , is pro- perly examinable in courts of law , on an issue of devisavit vel non ; but fraud as to a personal will , be- longs to the jurisdiction of the spiritual court . If infancy , non sane memory , ideocy , coverture , or ...
Page 34
... real estate , by the attainder , is rendered void ; and that , although such will was made before either the conviction or attainder . The King's pardon re- stores the disposing capacity , and the party may af- terwards make his will ...
... real estate , by the attainder , is rendered void ; and that , although such will was made before either the conviction or attainder . The King's pardon re- stores the disposing capacity , and the party may af- terwards make his will ...
Page 61
... real estate , and the will be unexecut- ed to pass neverthe real , it may But if the power extends over personal as well as real property , though a will made in execution of the whole power should fail as to the land for want of a suf ...
... real estate , and the will be unexecut- ed to pass neverthe real , it may But if the power extends over personal as well as real property , though a will made in execution of the whole power should fail as to the land for want of a suf ...
Page 62
... real estate , but the will was not duly executed to pass real estate , being attested by two witnesses only , Lord Chancellor Thurlow held that the will being suf- ficient to pass the personal estate , was so far a good execution of the ...
... real estate , but the will was not duly executed to pass real estate , being attested by two witnesses only , Lord Chancellor Thurlow held that the will being suf- ficient to pass the personal estate , was so far a good execution of the ...
Page 63
... real estate , yet when the power is given generally , with- out any specification or direction as to the instrument or mode by which it is to be executed , it has been doubted whether the execution of it by will must be made as the ...
... real estate , yet when the power is given generally , with- out any specification or direction as to the instrument or mode by which it is to be executed , it has been doubted whether the execution of it by will must be made as the ...
Contents
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Common terms and phrases
according afterwards annuity appears appointment attested bequeathed bequest charge chattels child cited clause codicil common law considered conveyance copyhold court of equity daughter death debts decease declared deed descent devisor dispose disposition doctrine effect estate tail executed executors express fee-simple feoffment freehold give ground heir at law held hereditaments inheritance instrument intention interest issue joint-tenants lease legacies legatee life-time limitation Lord Chancellor Lord Eldon Lord Hardwicke Lord Mansfield Lordship marriage ment messuages mortgage observed operation opinion party pass personal estate presence principle pur auter vie purchase question real estate reason remainder rent residuary residue respect revocation revoked rule seems seised shew signed socage special occupant statute of frauds subscribed subsequent sufficient surrender tator tenants in common tenements term testament testamentary testator's thereof thing three witnesses tion trust vise void wife words writing
Popular passages
Page 21 - Kent, or the custom of any borough, or any other particular custom, shall be in writing, and signed by the party so devising the same, or by some other person in his presence and by his express direction, and shall be attested and subscribed in the presence of the said devisor, by three or four credible witnesses, or else they shall be utterly void and of none effect...
Page 191 - That from and after the 24th day of June, 1736, no manors, lands, tenements, rents, advowsons, or other hereditaments, corporeal or incorporeal whatsoever ; nor any sum or sums of money, goods, chattels, stocks in the public funds, securities for money, or any other personal estate whatsoever, to be laid out or disposed of in the purchase of any lands, tenements or hereditaments...
Page 547 - ... during the minority or respective minorities only of any person or persons who under the uses or trusts of the deed, surrender, will or other assurances directing such accumulations would for the time being, if of full age, be entitled unto the rents, issues and profits, or the interest, dividends or annual produce so directed to be accumulated...
Page 319 - ... no devise in writing of lands, tenements or hereditaments, or any clause thereof, shall be revocable, otherwise than 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...
Page 206 - ... or whether such father be within the age of one and twenty years or of full age, by deed executed in his life-time, or by his last will...
Page 181 - June no nuncupative will shall be good, where the estate thereby bequeathed shall exceed the value of thirty pounds, that is not proved by the oaths of three witnesses (at the least) that were present at the making thereof...
Page 460 - Wedgwood and her assigns, for and during the term of her natural life. And...
Page 224 - ... by some other will or codicil in writing, or other writing of the devisor, signed in the presence of three or four witnesses declaring the same; any former law or usage to the contrary notwithstanding.
Page 206 - ... and shall and may recover damages for the same in the said action for the use and benefit of such child or children l.
Page 545 - G, and if either of them should depart this life and leave no issue of their respective bodies...