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37. Idiots and Lunatics
149
- id.
-
- 150
151
id.
152
159
161
162
165
38. The Right to declare Uses is co-extensive with the Estate id.
14. In what Deeds inserted
15. By what Words
24. A Power to appoint implies a Power to revoke, not
e contra
26. But includes a Right to reserve a new Power
28. Unless the Power be collateral
30. To whom Powers may be given
31. Infants
33. Married Women
46. Who may be Appointees
Page
171
48. A Power does not suspend the vesting of Remainders-
CHAP. XIV.
Of Powers to Jointure.
1. Origin and Nature of
3. Restriction as to clear yearly Value
6. Proportioned to the Fortune of the Wife
CHAP. XV.
Of Powers to lease.
13. A Qualification destructive of a Power, dispensed with 204
21. 3°. As to the Time when a Lease is to commence
210
211
22. A general Power only authorizes Leases in Possession
26. Unless the Estate is reversionary
31. Does not authorize a Lease to commence after a subsist-
ing Lease
36. But concurrent Leafes are good
40. Of Powers to lease in Reversion
43. 4°. As to the Duration of the Lease
48. 5. As to the Rent to be reserved
49. What is the ancient Rent
56. How to be reserved
61. What is the best Rent
212
213
· 216
70. In what Conveyances Leasing Powers may be inserted -
CHAP. XVI.
Of the Execution of Powers.
1. May be restrained by Circumstances.
11. Where the Instrument is specified it must be adopted
13. A Power given generally may be executed by Deed
or Will
18. But they must be properly executed
20. Unless the Power is collateral
23. A Will executing a Power retains all its Properties
26. The Power need not be recited
30. But the Instrument must refer to the Estate
34. A Power may be executed by several Assurances
37. And at different Times
41. An Appointment may be a Revocation pro tanto
44. Where a Power is exceeded, the Excess only is void
50. An Appointment may give a lesser Estate
54. Or direct a Sale and appoint the Money
57. Must not be illusory
226
228
256.
257
258
64. A Power cannot be delegated to another
67. Unless there are special Words
69. In what Cases an Instrument operates as an Appoint-
ment
74. Effects of the Execution of a Power
79. Will not defeat a prior Estate
CHAP. XVII.
Where Equity will support a defective Execution of a Power.
1. Equity will support a defective Execution
2. In Favour of a Wife
9. In Favour of a Husband
267
276
24. Where a complete Execution is prevented by Accident 277
25. But a Non-execution will not be supplied
CHAP. XVIII.
How Powers may be extinguished and destroyed.
1. A complete Execution
3. Powers relating to the Land may be released
5. Powers appendant barred by Feoffment
7. And by Bargain and Sale
9. May be suspended or charged
11. A Power to lease not barred by a Charge
13. Powers in Gross not barred by a Conveyance of the
Land.
15. Unless the Estate is devested
18. Collateral Powers not barred by any Conveyance
22. A Power may be forfeited to the Crown
23. In what Cases it may be executed
28. A Power may be merged
30. Where there is no Object of a Power it becomes void
CHAP. XIX.
Of the Construction of Deeds.
285
311
Construction-By what Words different Estates may be created.
1. What Words create an Estate in Fee
12. What Words create an Estate Tail
13. What Words restrain the Word Heirs
334
337
25. Limitation to A. and his Heirs, with a Remainder over
29. Limitation to a Man and his Wife, and the Heirs of
their Bodies
340
341
33. Distinction between Heirs of the Body, and upon or
on the Body
342
36. Effect of a Limitation to the Heirs of the Body of A. 344
40. Usual Mode of limiting Estates Tail
42. What Words create an Estate for Life
345
348
44. What Words create an Estate for Years or at Will