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ESTATES OF INHERITANCE, Chap. XV., pp. 223, et seq.
See ESTATE TAIL, FEE SIMPLE, HEIRS, LIMITATIONS.

ESTATE TAIL, 231 et seq. See HEIRS OF THE BODY.
in habendum, fee simple in premises, 218

by what words limited, 231 (Rule 73), et seq.
was fee simple at common law, 232

limitation to A. and his heir" in singular, 232
"in tail," 231

“of his body” supplied by context, 233

"de," force of, 233

by limitation to A.

of A., 234 (Rule 74)

and his heirs," remainder to B. on failure of heirs

importance of designating person from whose body heirs proceed, 235
heirs "of" body, and heirs on" body, distinction, 235

limited to husband and wife, 235

by words of reference, 236

general, cut down to tail male by context, 236

limited to heirs of body of deceased person, 237 (Rule 75)

to right heirs of A. deceased by B. his wife for ever," 238
quasi, pur autre vie, 246

by limitation to A. and his heirs with gift over on A.'s death without
issue, &c., 248 (Rule 84)

uses declared on, 271

words given in case of realty applied to personalty, 260

covenant for further assurance by tenant in, 494, 495

purchaser by admissions of his vendor. 142, 143
estate acquired after contract or conveyance, 499, 527

ESTOVERS,

meaning of, 564

appendant to house, 187

grant of, as appurtenant, ib.

ESTRAY, 573

ESTREPEMENT, 573

EVIDENCE, EXTRINSIC.

See ANCIENT DOCUMENTS, CIRCUMSTANCES,

DIRECT EVIDENCE OF INTENTION.

Act of Parliament, as to meaning of words in deeds, 53

as to legal terms in, 62

as to meaning of words, 47, et seq.

map or plan, 161

materially altered deed may be, 19, 23, et seq.

of custom or usage. See USAGE.

to add implied terms, 9

where one party is ignorant of usage, 16
to explain expressed terms, 9, 57

of non-payment of purchase-money, 151
of subsequent admissions or conduct, 8, 9

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EVIDENCE, EXTRINSIC-continued.

to clear up patent ambiguity, 104

latent ambiguity or equivocation, 107

to contradict or vary deed, 1 (Rule 1)

to correct description of parties, 125 (Rule 35). See PARTIES.

to explain erroneous reference to date, 125

to prove true consideration, 145 (Rule 39), et seq. See CONSIDERATION.
date, 122 (Rule 32). See DATE.

to show that deed is not binding, 5

who are members of firm, 126
paid consideration, 149

verbal or parol, what is, 109

inaccurate use of term, 109

EVIDENCE, INTRINSIC,

to construe deed, 76, et seq.

to exclude primary meaning, 76 (Rule 16)

to solve equivocation, 107 (Rule 24)

EXCEPTION,

construction of, 89, 95, 177

creating covenant, 412, 420

to absolute covenant construed strictly, 427 (Rule 156)

whether ejusdem generis rule applies to, see Williams v. Mercier, 10 App.

Cas. 1

election by grantor under, 106

EXECUTION,

of deed, 1, n.

See DEED.

presumption as to order of, where several deeds. 7

of fresh, after alteration, 27.

by A. "for self and B.," 2, n.

EXECUTOR,

assignment by, of all "his" goods and chattels, 207

conveyance by, whether beneficial interest passes, 207

EXECUTORS. See PERSONAL REPRESENTATIVES.

limitations or trusts of personalty, in favour of executors of living per-
son, or A. for life, and his, or remainder to his executors, 312 (Rule
124)

limitations to, distinguished from limitations to next of kin, 313
"or administrators, on context meaning next of kin, 314

"or administrators of his own family," 314

"administrators and assigns," 314

or administrators, take for benefit of testator's estate, 314 (Rule 125)
of lessee, exercising option to purchase fee, 315

realty limited to A. and his executors, 317

take under a limitation to A. "and his heirs," for a term of years, 245
estate gained by entry under power, 246

EXECUTORY. See COVENANTS TO SETTLE, MARRIAGE ARTICLES.
contract, defined, 532

followed by deed, 3, 537

to convey to heirs of grantor, 229

of personalty for "heirs of body," 261

technical language in, may be disregarded, 534

limitations, construction, 257, 323

tenancy in common, 282

cross remainders implied, 294, 542 (Rule 196)

trusts in voluntary deeds and wills, 539 (Rule 194)

EXECUTORY TRUSTS.

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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

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
issue, or without leaving" issue, 250 (Rule 85)

..

seisin in, how pleaded, 571, 572

FEE SIMPLE CONDITIONAL,
in copyholds, 241 (Rule 80)

such "

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
FIRMA BURGI, 575

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)