BY JOHN JOSEPH POWELL, Esq.

OF THE MIDDLE TEMPLE, BARRISTER AT LAW.

Melius eft judicare fecundum leges et literas, quam ex propria
fcientia et fententia.

LONDON:

PRINTED FOR P. URIEL, INNER TEMPLE-LANES
J. JOHNSON, NO 72, ST. PAUL'S CHURCH-YARD
AND T. WHIELDON, FLEET-STREET.

M.DCC.LXXXVIII,

(1788)

то THE

READ E R..

T

HERE is no learning in our law relating to real property more neceffary to be known than that which refpects the framing of a Devife, and the accidents that belong to it in its ambulatory state before its confummation by the death of the devifor, and yet it has never been collected into any regular chain of connection. With a design therefore to difpofe the most material points on this head into a connected view, and to explain the most essential doctrines respecting it, the following Effay was written. How far it has accomplished the purpose, the

Public

Public must judge.

Should it meet

their approbation, the doctrine of Con-

ftruction, as applicable to devises after

their confummation, is meant to be

treated upon at a future period..

N° 34, Caftle-Street, Holborn,

November 1788.

Just published, written by the fame AUTHOR,

An ESSAY on the LEARNING refpecting the CREATION

and EXECUTION of POWERS: And also,

Refpecting the NATURE and EFFECT of LEASING POWERS:

AND,

A TREATISE on the Law of MORTGAGES.

The Second Edition, revifed, corrected, and enlarged.
Printed for P. URIEL, Inner Temple-Lane, and T. WHIELDON,
Fleet-Street.

CONTENTS.

CONTENT S.

F the Power of devifing Lands at
common Law, and until the Sta-

tutes of Deviles, &c.

I

Of a Device under the Statutes of the 32d

and 34th of Henry VIII.

-

- 12

Df Interests and Estates out of the Pur-

view of the Statutes of Wills

-

34

Df the Conftru&ion of the deviling Claufe

- in the Statute of Frauds

Df the Devilor

Of Things devitable

Df the Devilee

Of a Device failing of Effec

47

Of Uncertainty or Repugnancy apparent

on the Face of a Devise

-

411