A Digest of the Laws of England Respecting Real Property, Volume 6

Front Cover
A. Strahan, Law-Printer to the King, 1806 - Real property
 

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Contents

The Testator must be seised
28
28 Aud must continue to be seised
29
Exception
30
Lands contracted for are devisable
31
A Devise generally may be enlarged into an Estate
34
CHAP IV
36
A Surrender to the Use of a Will bars an Intail
40
An equitable Interest is devisable without a Surrender
41
An equitable Intail barred by a Will
42
A Surrender not supplied where Freeholds pass
44
CHAP V
47
What is required by this statute
48
Writing ibid 7 Signing
49
Attestation by Witnesses
54
The Witnesses must see the whole Will
57
And must attest in the Presence of the Testator
60
The Wit 1 esses may attest at different Times
64
Who may be Witnesses
66
Remainder and Residue of all my Effects
67
Publication
68
A Person cannot empower himself to give Lands by a Will not duly attested
69
Wills that charge Lands are within the Statute
71
Codicil giving Legacies ibid 51 Wills of trust are within the Statute
72
And of Mortgages and Equities of Redemption
73
And of Money to be laid out in Lands ibid 55 And Wills made Abroad ibid 56 Wills of Terms for Years are not within the Statute ibid 57 Excepti...
74
Wills may be proved in Chancery
76
CHAP VI
78
Statute of Frauds
79
Modes of revoking a Will of Lands
80
What Words necessary to pass Copyholds
88
A written Declaration
89
be signed by the Testator
91
Cancelling
92
What Words necessary to pass Reversions
93
It must be by the Testator or by his Direction
94
An Intention to cancel is sufficient ibid 30 An Obliteration of Part does not revoke the Whole
96
Cancelling one Part revokes the other
100
Implied Revocations ibid 37 Marriage and Birth of a Child
101
Marriage and Birth of a Posthumous Child
103
A Womans Will revoked by Marriage
105
Alteration of the Estate ibid
106
Alienation to a Stranger ic6 55 An intended Alienation
108
Alienation to the Use of the Devisor ibid 61 Alienation to strengthen the Devise
110
Fine and Recovery ibid 71 Modern Doctrine of presumptive Revocations
114
Parol Evidence not admissible
119
A fraudulent Conveyance is not a Revocation
121
Nor an Alteration of the Quality of an Estate ibid 81 Nor the Change of a Trustee
122
Nor a Partition
123
Unless it extends to other Things ibid 88 Of partial Revocations
124
Revocations of Leaseholds
125
ABNEYt Miller
126
j02 Revocations of Copyholds
127
CHAP VII
129
Second Devises to charitable Uses 149
149
Third Where there has been Fraud
150
Fifth Uncertainty
155
CHAP IX
156
Rules of Construction
159
A Perpetuity cannot be created by Will J 61
164
No Averment allowed to explain Wills ibid 26 Exception Where there is a latent Ambiguity
165
CHAP X
174
Words of Advice or Desire
176
Devises by Implication
181
Page 197
182
What Words necessary to describe the Devisees
183
The Word Heir is sometimes a good Description
184
Issue is a good Description i85 36 And also Sons Children c
187
What Words necessary to describe the Things devised
191
All my Rents 105
195
CHAP XI
236
Any Words mewing an Intention to give the whole Interest
237
Southouse 263
240
Effect of an Introductory Clause
243
Effect of the Word Estate
244
All the Rest and Residue of my Estate
250
Whatever else I have not disposed of
251
Remainder
252
Reversion ibid 49 Devise on Condition of paying a Sum of Money
253
Devise charged with Debts and Legacies
255
Devise charged with an annual Payment for ever
258
Devise charged with an annual Payment for Life
259
Exception Where there is a Charge on the Rents and Profits
264
Devise to Trustees for Purposes requiring a Fee ibid 76 A general Devise passes the whole Interest in a Chattel
266
CHAP XII
268
The Words Issue Children c
280
y Where the Word Issue is used with Words
293
CHAP XIII
297
Anfley v Chapman
315
CHAP XIV
323
Archers Cafe 353
333
Messuage and House bid 64 All 1 am worth igS 34 67 Remainder
347
Arnald 106
373
CHAP XV
404
Atherton u Pye
423
CHAP XVI
428
26 Curtesy attaches on the First Estate
451
Executory Devise Devise os a Freehold Estate to commence in Futurt
454
4th Where an Estate Tail is raised by Implication ibid
476
The Words dying without Issue sometimes
489
CHAP
499
A Limitation which was originally a contingent
513
The Freehold descends in the meantime to
519
Hutchinson 492
589
A subsequent Will not always a Revocation 81
693
An Estate Tail may arise by Implication 282
700
16
795

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Popular passages

Page 342 - ... heirs male of the body and bodies of all and every such son and sons lawfully...
Page 348 - ... sons and the heirs male of his and their body and bodies ; and for...
Page 311 - Male of his and their body and bodies issuing and for default of such issue to the use of all and every the Daughter and Daughters of the body of...
Page 506 - ... to commence within twenty-one years after a life in being, and if the contingency of a child never happened, then the last remainder...
Page 348 - Sandall (said testator's two daughters), to be divided between them, share and share alike, and they to take as tenants in common, and not as joint tenants, and of the several and respective heirs of the...
Page 299 - Ep w^' for life, remainder to truftees during his life, to preferve contingent remainders, remainder to his firft and other fons in tail male*, remainder to...
Page 48 - ... and fhall be attefted and fubfcribed in the prefence of the faid devifor by three or four credible witnefles, or elfe they fhall be utterly void and of none effect.
Page 377 - Court is necessary to complete a limitation, in that case, the limitation in the will not being complete, that is sufficient evidence of the testator's intention that the Court should model the limitations. But where the trusts and limitations are already expressly declared, the Court has no authority to interfere, and make them different from what they would be at law (u).
Page 57 - And certainly, he did not mean a part of it only ; but the whole of it And he desires them to attest it.
Page 290 - Leach), who ordered that a case should be made for the opinion of the judges of the Court of King's Bench upon the following question — Whether the plaintiffs in the case, or any.

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