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 5
... party was not of sound discretion , and that his act was the consequence of insanity , not of cool delibera- tion . But a gift made in ultima voluntate was good , if assented to and confirmed by the next heir . But as tenants could not ...
... party was not of sound discretion , and that his act was the consequence of insanity , not of cool delibera- tion . But a gift made in ultima voluntate was good , if assented to and confirmed by the next heir . But as tenants could not ...
Page 20
... parties must be qualified and have ability then . Thus in Herbert v . Torbal , at bar , it was agreed by the court , that if one under the age of twenty - one made a will and devised his lands , and died after twenty- one , this would ...
... parties must be qualified and have ability then . Thus in Herbert v . Torbal , at bar , it was agreed by the court , that if one under the age of twenty - one made a will and devised his lands , and died after twenty- one , this would ...
Page 29
... party , or by description , as the lord treasurer , the bishop of B. or the like . And where a devisee is ascertained by description , that description may be made good by reputation , although it be not strictly true . As , if a devise ...
... party , or by description , as the lord treasurer , the bishop of B. or the like . And where a devisee is ascertained by description , that description may be made good by reputation , although it be not strictly true . As , if a devise ...
Page 44
... party , and the intent of the devisor should prevail . But the court were unanimously against it ; and held , that it was all one in the case of a devise as of a grants . So , where lends were devised to A. for life , and after to the ...
... party , and the intent of the devisor should prevail . But the court were unanimously against it ; and held , that it was all one in the case of a devise as of a grants . So , where lends were devised to A. for life , and after to the ...
Page 48
... party , who made the others heir , had in the land . 2. By inference ; as if one be , by will , constituted heir without mentioning the land , and there be other matter therein , from whence it must necessarily be inferred that the land ...
... party , who made the others heir , had in the land . 2. By inference ; as if one be , by will , constituted heir without mentioning the land , and there be other matter therein , from whence it must necessarily be inferred that the land ...
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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...