Page images
PDF
EPUB

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

[blocks in formation]

deed construed as grant in, 217

FEE SIMPLE. See HEIRS.

passes by grant to A. for life, habendum to A. and his heirs, 218
or to A. and his heirs, habendum for life or years, 219, 221

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
charter of, reserving rent, 86

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
fee created by, without the word "heirs," 228

distinguished from amerciament, 560

FIRM,

evidence to show how constituted, when party to deed, 126

[merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small]
[blocks in formation]

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)

[blocks in formation]

[The paging refers to the [*] pages.]

GENERAL DESCRIPTION, or STATEMENT,
joined to specific, 113 (Rule 27), 129, 132, 157
in recital, controlled by operative part, 129

in operative part does not extend specific in recital, 132
controlled by recital, 134, 136–138

specific description, 157

another general description, 155

introduced by "And also," &c., limited to things ejusdem generis, 173
(Rule 46)

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,
196, 197

whether allotments pass by, 204

GIFT OVER,

on death without issue, or failure of issue, 247. See DEATH WITHOUT
ISSUE.

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
at common law, instances of deeds construed as, 42
taken most strongly against grantor, 94

by the Crown. See CROWN, KING.

by deed, distinguished from parol license, 188, n. (c)
of part of tenement, 189, et seq.

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

« PreviousContinue »