A Treatise on CopyholdsJ. & W.T. Clarke, 1826 - Copyhold |
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Common terms and phrases
according admission admitted aforesaid alienation attorney bailiff Baron Gilbert Blackst Burr Calth cited common law compel consequently convey conveyance coparceners Copyh copyhold estate copyhold interest court of equity court roll customary death deed descent devise doctrine Durnf East Edmund Akehurst Eliz entail equity escheat estate tail executory fealty fee-simple feme covert feoffment forfeiture frank-tenants freebench freehold Freem Gilb grant by copy habendum heirs and assigns held by copy Henry Wilson hold homage husband Ibid joint-tenant Kitch lease legal estate Leon limited Litt lord or steward Lord Raym lord's manor messuage Noden particular estate person possession premises presentment proclamation purchase quia emptores reason remainder render rent resulting trust Robert Brompton Salk seised seisin special custom statute stranger surrender surrenderor tenements tenure thereof Timothy Walgrave tion trust Vern Watk wife
Popular passages
Page 154 - A. for life, with remainder to B. for life, with remainder to the children of the marriage, and in default of children, for the persons therein mentioned.
Page 260 - P., his heirs and assigns for ever at the will of the lord according to the custom of the said manor by and under the rents, fines, heriots, suits, and services due and of right accustomed for the same.
Page 329 - The clear result of all the cases, without a single exception, is that the trust of a legal estate, whether freehold, copyhold, or leasehold, whether taken in the names of the purchaser and others jointly, or in the name of others without that of the purchaser, whether in one name or several, whether jointly or successive, results to the man who advances the purchase money.
Page 564 - ... thereof; AND ALL THE ESTATE, right, title, interest, property, claim, and demand whatsoever, both at law and in equity, of him the said A. in, to, or out of the same and every part thereof: To HAVE AND TO HOLD...
Page 563 - Now this Indenture Witnesseth, That in pursuance of the said agreement, and in consideration of the sum of...
Page 333 - ... whether an advancement was meant, it will be difficult to find such as will support that idea : to be sure taking the estate in the name of the child, which the father might have taken in his own, affords a strong argument of such an intent ; but where the estate must necessarily be taken to him in succession, the inference is very different. These are the difficulties which occur from considering the purchase in the son's name as a circumstance of evidence only. Now if it were once laid down...
Page 330 - ... the father intended an advancement, and therefore the resulting trust is rebutted ; but then a circumstance is added to this, namely, that the son happened to be provided for. Then the question is, did the father intend to advance a son already provided for? Lord Nottingham...
Page 564 - II., his heirs, and assigns to the only proper use and behoof of him the said G II., his heirs and assigns, forever.
Page 443 - Ireland, any copyhold tenant of such manor may by his or her last will and testament dispose of or appoint his or her copyhold tenements, the same having been surrendered to such uses as should be declared by such last will and testament...
Page 329 - The cases go one step further, and prove that the circumstance of one or more of the nominees, being a child or children of the purchaser, is to operate by rebutting the resulting trust ; and it has been determined in so many cases, that the nominee, being a child, shall have such operation as a circumstance of evidence, that we should be disturbing land-marks if we suffered either of these propositions to be called in question, namely...