Principles of the Law of Real Property: Intended as a First Book for the Use of Students in Conveyancing

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T. & J.W. Johnson, 1886 - Real property - 437 pages
 

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Page 162 - That no will shall be valid unless it shall be in writing and executed in manner herein-after mentioned ; (that is to say,) 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, but no form of attestation...
Page 136 - June all declarations or creations of trusts or confidences of any lands, tenements or hereditaments, shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trust, or by his last will in writing, or else they shall be utterly void and of none effect.
Page 212 - Coke (vo1. 1, 1040,) is, that 'when the ancestor by any gift or conveyance takes an estate of freehold, and in the same gift or conveyance an estate is limited, either mediately or immediately, to his heirs in fee or in tail, that always in such cases 'the heirs' are words of limitation of the estate and not words of purchase.
Page 174 - And therefore on a feoffment to A and his heirs, to the use of B and his heirs...
Page 241 - Before we conclude the doctrine of remainders and reversions, it may be proper to observe, that f whenever a greater estate and a less coincide and meet in one and the same person, without any intermediate estate/ the less is immediately annihilated;! or, in the law phrase, is said to be 'merged, that is, sunk or drowned, in the greater.
Page 255 - And be it further enacted, that no appointment made by will, in exercise of any power, shall be valid, unless the same be executed in manner hereinbefore required; and every will executed in manner hereinbefore required shall, so far as respects the execution and attestation thereof, be a valid execution of a power of appointment by will, notwithstanding it shall have been expressly required that a will made in exercise of such power should be executed with some additional or other form of execution...
Page 162 - 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 directions, 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 175 - ... shall be given to any Person for Life, but the Purposes of the Trust may continue beyond the Life of such Person, such Devise shall be construed to vest in such Trustee the Fee Simple, or other the whole legal Estate which the Testator had Power to dispose of by Will in such Real Estate, and not an Estate determinable when the Purposes of the Trust shall be satisfied . XXXII.
Page 162 - That no Will shall be valid unless it shall be in Writing, and executed in manner hereinafter mentioned; (that is to say) 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...
Page 261 - Court is for the time being authorised to be invested, and the interest and dividends of such investments shall be paid to the person who would have been entitled to the rents and profits of the land if the money had been invested in the purchase of land.

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