A Digest of the Laws of England Respecting Real Property, Volume 6 (Google eBook)

Front Cover
A. Strahan, 1818 - Real property
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Contents

Mortgages 3
32
Equities of Redemption id
33
Contingent Estates and Interests
34
The Devisor must be seized or entitled
37
And must continue seized or entitled
39
Exceptions
40
Tenancies escheated id
59
CHAP IV
1
Copyholds devisable by Surrenders to Uses
44
rent
56
The Heir sometimes put to his Election
58
CHAP V
59
Publication
79
JO A Person cannot empower himself to give Lands by a Will not duly attested
83
Wills charging Lands are within the Statute 8a 53 But not Wills or Codicils giving Legacies id
87
And of Mortgages and Equities of Redemption id
88
Or of Terms for Years
89
Except Terms attendant on the Inheritance
90
Wills made abroad within the Statute 91
59
CHAP VI
92
former one
94
Two inconsistent Wills of the same Date are void lor 16 A second unattested Will revokes Legacies id
102
A written Declaration 103
103
It must be signed by the Testator
105
By the Testator or by his Direction
107
An Intention to cancel is sufficient id
109
Cancelling one Part revokes the other
113
A Womans Will revoked by Marriage
118
Alienation to a Stranger id
119
An intended Alienation
120
Alienation to strengthen the Devise
122
Any Conveyance inconsistent with the Devise
125
Parol Evidence not admissible
132
A fraudulent Conveyance is not a Revocation
134
Nor an Alteration of the Quality of the Estate id
137
CHAP VII
1
Reexecution is a Republication
2
And also a Codicil
3
Unless confined to Lands devised by the Will
10
Cancelling a second Will republishes the firft
13
But a Will once cancelled must be reexecuted
15
A Surrender of a Copyhold is a Republication
17
CHAP VIII
158
CHAP IX
171
CHAP X
2
Page
52
What Words create a Devise
198
What Words neceffary to describe the Devisees
207
The Word Iffue
213
What Words neceffary to describe tne Things devised
218
The Words Lands Tenements and Hereditaments
219
Meffuage and House
220
CHAP XI
259
The Word Estate _
266
All my Real Property
270
The Words Right Title and Interest id
396
Whatever else I have not disposed of 274
259
Devise to Trustees for Purposes requiring a Fee
284
What Words pass the whole Interest in a Chattel
286
CHAP XII
288
CHAP XIII
319
A Devise without any Words of Limitation
326
Though charged with a Payment out of the Estate devised
336
Or an Annuity during the Life of the Devisee
340
The Word Estate when descriptive of Local Situation
341
The Word Hereditament
342
Where the general Intention requires it
343
What Words create a Term for Years
344
45 And uncertain Interests
345
305
377
CHAP XIV
2
Applied to Devises of legal Estates
34
Though the Limitation to the Heirs be only mediate
346
Sons or Children
365
Or to Heirs with Words of Explanation
367
Or to the Word Heir with Words of Limitation
371
Or to Heirs with Words limiting an Estate of a par ticular Nature
372
Or to the Heir for Life
374
Or to Issue with Words of Limitation
375
Unless the general Intent require a different Construc tion
377
Or where a Trust is created and a Conveyance directed
386
Or where the Estates are of different Natures
394
Case of Perrin v Blake
395
General Observations on the Rule
412
CHAP XV
417
What Words create a Tenancy in Common
426
What Words create Cross Remainders
434
Formerly not implied between more than Two
436
This Doctrine somewhat altered
438
Construction What Words crtatea Condition and male Lands Rabk
447
CHAP XVII
461
A Devise after a general Failure of Heirs or Issue
469
i2 Exceptions1 a Devise of a Reversion
484
Executory Devises of Terms for Tears
495
Nor between a Devise for Life and an indefinite Devise
516
The Freehold descends in the meantime to the Heir
34
And also the intermediate Profits
37
A Devise of the Residue will pass such Profits
40
Executory Interests are devisable
43
May be palled by Fine and released
50
Descendible and transmissible to Heirs and Executors
51
The Court of Chancery will restrain Waste
54
Of Trusts of Accumulation
518

Common terms and phrases

Popular passages

Page 554 - Thurlow said, that to set aside a conveyance, there must be an inequality, so strong, gross and manifest, that it must be impossible to state it to a man of common sense without producing an exclamation at the inequality of it.
Page 369 - ... preferred, and to take before, the younger of such sons, and the heirs male of his and their body and...
Page 584 - ... profits, and produce of such property, so directed to be accumulated, shall, so long as the same shall be directed to be accumulated, contrary to the provisions of this act, go to, and be received by, such person or persons as would have been entitled thereto, if such accumulation had not been directed.
Page 419 - ... equally to be divided between them, share and share alike, as tenants in common and not as joint tenants...
Page 574 - Princess; and for default of such issue to the Princess Anne of Denmark, and the heirs of her body ; and for default of such issue to the heirs of the body of the said Prince of Orange.
Page 24 - ... an intention, that such a thing shall take place ; without reference to the circumstance, whether the testator had any knowledge of the extent of his power, or not. Nothing can be more dangerous than to speculate upon what he would have done, if he had known one thing or another. It is enough for me to say, he had such intention; and I will not speculate upon what he would have intended in different cases put There is an error in Cull v.
Page 268 - Jacob to have and to hold to him and his heirs for ever. Item I give to my Son...
Page 363 - To THE USE of the said (settler) for and during the term of his natural life, without impeachment of waste, and from and after his decease TO THE USE of the said...
Page 584 - ... and in every case where any accumulation shall be directed otherwise than as aforesaid, such direction shall be null and void, and the rents, issues...
Page 584 - ... grantor, devisor, or testator, or during the minority or respective minorities only of any person or persons who, under the uses or trusts of the...

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