Elements of Conveyancing: With Cursory Remarks Upon the Study of that Science, Including a List of Books, for the Use of Students and Practitioners, and Also Observations and Directions Relative to the Practice of Conveyancing, Particularly with Respect to the Perusal of Abstracts of Title, and Preparing of Deeds and Assurances, of Real and Personal Property, Volume 5W. Clarke, 1822 - Conveyancing |
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Page 19
... devisor's being under restraint , duress or menace of imprisonment . This , though not expressly provided against in the statute , seems necessarily to be implied , from the words in the statute of 34 Hen . 8 , " at his free will and ...
... devisor's being under restraint , duress or menace of imprisonment . This , though not expressly provided against in the statute , seems necessarily to be implied , from the words in the statute of 34 Hen . 8 , " at his free will and ...
Page 24
... devisor and the heirs male of his body ; it was held that the devise to the next heir male of the devisor would have been good on the demise of the wife and I. without issue , if an heir male had been born previous to those events " ( 1 ) ...
... devisor and the heirs male of his body ; it was held that the devise to the next heir male of the devisor would have been good on the demise of the wife and I. without issue , if an heir male had been born previous to those events " ( 1 ) ...
Page 25
... devisor died , and then the wife had a daughter and on a question , Whether the daughter in ventre sa mere could take by purchase a real estate , as a copyhold was , it was held by all the justices that she might take an estate in ...
... devisor died , and then the wife had a daughter and on a question , Whether the daughter in ventre sa mere could take by purchase a real estate , as a copyhold was , it was held by all the justices that she might take an estate in ...
Page 27
... devisor , when using those words , might not advert to their precise operation , or be aware of the distinction between an estate to commence in futuro , which could only take effect by way of executory devise , and a present estate ...
... devisor , when using those words , might not advert to their precise operation , or be aware of the distinction between an estate to commence in futuro , which could only take effect by way of executory devise , and a present estate ...
Page 28
... devisor that J. S. had no heirs at the time , was held a good devise to after - born issue . So a devise to the heirs of J. S. after the death of J. S. will be good by way of executory devise : and it would be the same d 2 Keb . 297 ...
... devisor that J. S. had no heirs at the time , was held a good devise to after - born issue . So a devise to the heirs of J. S. after the death of J. S. will be good by way of executory devise : and it would be the same d 2 Keb . 297 ...
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Common terms and phrases
actual seisin advowson afterwards alien alteration ancestor attested bastard Blac blood body brother clause codicil collateral common law condition consequently convey conveyance copyholds court court of equity covenant coverture curtesy custom daughter death debts declared deed Desc descent devise his lands devised lands devisor died disposition dower Dyer eldest Eliz entry equity escheat estate-tail executed executors father fee-simple feme covert feoffment forfeiture freehold gavelkind grant half-blood heir at law heirs male held hereditaments husband Ibid inheritance intent interest issue John Stiles joint-tenants lease legacies levied limitation lineal Lord manor marriage moiety parol personal estate possession present propositus purchase real estate recovery remainder rent republication reversion revocation revoked right heirs rule seised seisin sons statute of frauds surrender take effect tenant in tail tenements testator's thereof tion trust vested void Watk wife witnesses words
Popular passages
Page 374 - Coke (vo1. 1, 1040,) is, that 'when the ancestor by any gift or conveyance takes an estate of freehold, and in the same gift or conveyance an estate is limited, either mediately or immediately, to his heirs in fee or in tail, that always in such cases 'the heirs' are words of limitation of the estate and not words of purchase.
Page 93 - And therefore on a feoffment to A and his heirs, to the use of B and his heirs...
Page 319 - The lineal descendants, in infinitum, of any person deceased shall represent their ancestor; that is, shall stand in the same place as the person himself would have done, had he been living.
Page 60 - Kent, or the custom of any borough, or any other particular custom, shall be in writing, and signed by the party so devising the same, or by some other person in his presence and by his express directions, and shall be attested and subscribed in the presence of the said devisor by three or four credible witnesses, or else they shall be utterly void and of none effect.
Page 319 - ... shall represent their ancestor ; that is, shall stand in the same place as the person himself would have done had he been living." " Thus, the child, grandchild, or great-grandchild, either male or female, of the eldest son, succeeds before the younger son, and so in infinitum.
Page 317 - The Greeks, the Romans, the Britons, the Saxons, and even originally the feudists, divided the lands equally ; some among all the children at large, some among the males only.
Page 280 - ... 6. Aliens, (v) also, are incapable of taking by descent, or inheriting: (w) for they are not allowed to have any inheritable blood in them; rather indeed upon a principle of national or civil policy, than upon reasons strictly feudal.
Page 190 - ... to the use of himself for his life, with remainder to the use of his intended wife for her life...
Page 198 - ... of and in manors, messuages, lands, tenements, and hereditaments, or had power or authority to dispose of or charge the same by their wills or testaments, have, to the defrauding of such their creditors by their last wills or testaments, devised the same, or disposed thereof in such manner as such creditors have lost their said debts...
Page 148 - Directions for the Payment of any Debt or Debts), shall be thereby given or made, such Devise, Legacy, Estate, Interest, Gift, or Appointment shall, so far only as concerns such Person attesting 'the Execution of such Will, or...