EXECUTORY TRUSTS. [The paging refers to the [*] pages.] See COVENANTS TO SETTLE, MARRIAGE ARTICLES. EXPRESSED INTENTIONS. to be alone regarded, 36, 48. See INTENTION. “EXPRESSUM FACIT CESSARE TACITUM,” 89 (Rule 19), 418, 424 EXTRINSIC EVIDENCE. See EVIDENCE, EXTRINSIC. FAIR, 574 FALDAGE, 574, 579, 582 FALLOW, 574 FALSA DEMONSTRATIO, 157 FERDELLA, FARDINGDEL, FARDING, 574, 598 deed construed as grant in, 217 FEE SIMPLE. See HEIRS. passes by grant to A. for life, habendum to A. and his heirs, 218 estate in fee in premises, estate tail in habendum, 218 limited by what words, 224 (Rule 67), 225 without the word "heirs," 226, 227, 228 in customary assurances, 224 does not pass by grant to A. "for ever," or "A. and his assigns for ever," 224, 268, 269 limitation to A. "in fee simple," 224 to king, 226. See KING, CROWN. to corporation, 226, 227 by words of reference, 227 in release or partition deeds, 227 fine or recovery, 228 declarations vesting property in new trustees, 228 to A. and his heirs male," or "female," 230 (Rule 72) in Crown grant, 231 followed by gift over on death without issue, 247, et seq. See DEATH WITHOUT ISSUE. not cut down to estate tail by gift over in default of "such" issue, or without "leaving" issue, 250 (Rule 85) seisin in, how pleaded, 571, 572 FEE SIMPLE CONDITIONAL, in copyholds, 241 (Rule 80) FELONY, [The paging refers to the [*] pages.] deed to compound, 5 FENCE, 585 FEOFFMENT, construed as covenant to stand seised. 41 as release, 43 examples of deeds construed as, 44 operating as execution of power, 46 FERDELLA, FERDINGEL, FERLINGUS, 574 FERMEHOLT, 575 FERNDEL, 596 FERRY, 575 FINE. deed to lead uses of, 7 uses of, declared by bargain and sale, or feoffment, 4 distinguished from amerciament, 560 FIRM, evidence to show how constituted, when party to deed, 126 release granting, construed as grant of reversion, 42 lease for lives from the day of the date," is not grant of, 124 FREEHOLDS, alone pass by general description, when, 178 (Rule 47) [The paging refers to the [*] pages.] GENERAL DESCRIPTION, or STATEMENT, in operative part does not extend specific in recital, 132 specific description, 157 another general description, 155 introduced by "And also," &c., limited to things ejusdem generis, 173 where only freeholds pass by, 178 (Rule 47) GENERAL NAMES, what are, 153 parcels described by several, 153 with special description added, 154, 156, 157 GENERAL WORDS, Chap. XIII., pp. 186, et seq. exception among, effect of, 177 meaning of expression, 186, n. things appendant or appurtenant pass without, 186 (Rule 50) now implied by Conveyancing Act, 1881, s. 6, 186, 194, n. restricted to that which grantor could properly grant, 189 when rights of way pass under, 192, et seq. "with all ways used and enjoyed," &c., meaning and effect of words, whether allotments pass by, 204 GIFT OVER, on death without issue, or failure of issue, 247. See DEATH WITHOUT of portions. See PORTIONS. "GIVE" word, covenants created by, 423 GLOSSARY OF WORDS, 557 GOAD, 600 "GOODS AND CHATTELS," assignment by executor of all "his," 207 GORCE, GORS, GORT, 583 GORE, 567, 583 GRAMMAR, false, disregarded, 78 (Rule 17) GRANDCHILDREN, a secondary meaning of children, 327 GRANGE 583, GRANT, deed of, construed as covenant to stand seised, 41 by the Crown. See CROWN, KING. by deed, distinguished from parol license, 188, n. (c) customary, by copy, 215 word, covenants created by, 423 See EASEMENTS. GRANTEE, [The paging refers to the [*] pages.] construction in favour of, 93 (Rule 21), 217 (Rule 66), 222 objected to, 97 where he is also grantor, 97 election by, 100 (Rule 22), 105 ignorant of existence of deed of grant, estate vests in, 120 not named in premises, but only in habendum, 213 (Rule 6:3) named alone in premises, and together with others in habendum, 214 (Rule 64) not named in premises, cannot take immediate estate at common law, 214 but can take in remainder, 215 named in premises only, 220 one of several, incapable of taking, 283, 358 GRANTOR, words construed against, 93 (Rule 21), 217 (Rule 66) no implied reservation in favour of, 199 (Rule 57) except way of necessity, or reciprocal easement, 200 cannot derogate from grant, 199 estate of, to be regarded in construing grant, 220 limitations to heirs, or heirs of body of, 228 (Rule 69), 237 (Rule 76) resulting use for life to, 238 election by, under exception, 106 GREEN HUE, 627 GROUND, 583 GUARANTEE. altered by adding seals, 23 GURGITES, 583 HABENDUM, looked at to supply or correct premises, 80 explaining premises and making tenancy in common, 90 repugnant, 92, 217, 221 in lease, construction, 96. See LEASE. construed against grantor, 97 general words in, controlled by recital, 134 from and after "the said lease, where lease misrecited, 139 proper office of, to limit estate, 210, 217, 218 not essential, 210, 213 (Rule 63) thing granted, or parcels, need not be named in, 210, 211 (Rule 61) named only in, do not pass, 212 (Rule 62). unless implied in premises, 213 where none, 213 (Rule (3) grantee named only in, 213, 214, 215 named together with others in, but alone in premises, 214 (Rule 64) not named in, 220 estates, express, limited only in, 215 (Rule 65) limited in, and also in premises, 217 (Rule 66), 221 repugnant to premises, 217, 221 may extend but not abridge premises, 218, 219; but see 221, 222 in fee, following life estate, 218, 219 estate tail, 219 in tail, following fee simple estate, 218 for life or years, following limitation in fee simple, 221 explaining "heirs" to mean "heirs of body," 218 to A., "his heirs and assigns," following grant to A., "his executors," &c., 219 controlling joint tenancy, 90, 219, cf. 269 |