A Reprint of Sheppard's Precedent of Precedents: Without His Old and Obsolete Forms for Deeds of Assurance

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W. M'Dowall, 1813 - Conveyancing - 80 pages

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Page 50 - 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 61 - Golding, in and by one indenture bearing date the day next before the day of the date hereof, and by force of the statute for transferring uses into possession): and...
Page 50 - Viet. c. 10G), s. 3, post, 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 63 - I shall instance in only one; as where lands and tenements are given to a man and the heirs of his body, on Mary his now wife to be begotten; here no issue can inherit, but such special issue as is engendered between them two; not such as the husband may have by another wife; and therefore it is called special tail. And here we may observe, that the words of inheritance (to him and his heirs...
Page 5 - A qualification or restriction annexed to a conveyance of lands, whereby it is provided that in case a particular event does or does not happen, or in case the grantor or grantee does or omits to do a particular act, an estate shall commence, be enlarged, or be defeated.
Page 65 - Carteret his intended wife lawfully to be begotten ; and for default of such issue, to the use of the right heirs of the said Sir Robert the father for ever.
Page 65 - PAYING therefor during the said term hereby granted the yearly rent of £ , by four equal quarterly payments on the day of , the day of , the day of , and the day of in every year...
Page 17 - And when it is delivered by another that hath a good authority and doth pursue it, it is as good a deed as if it were delivered by the party himself; but, if he do not pursue his authority, then it is otherwise. And therefore, if a deed, or the contents thereof, be read or declared to a man that is to seal it, and he (being illiterate) doth deliver it to a stranger and bid him examine it, and, if it be so as it was read to him, then to deliver it as his deed, otherwise to re-deliver it to him again...
Page 67 - Where the condition must be performed before the estate can commence, it is called a condition precedent ; but where the effect of a condition is either to enlarge or defeat an estate already commenced, it is called a condition subsequent.
Page 55 - ... hath granted, bargained, sold, assigned, transferred and set over, and by these presents doth grant, bargain, sell, assign, transfer and set over unto the said...

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