A Treatise on Copyholds: Customary Freeholds, Ancient Demesne, and the Jurisdiction of Courts Baron and Courts Leet, Volume 1

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Butterworth, 1833 - Copyhold - 663 pages
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Contents

CHAP II
46
INCIDENTAL QUALITIES
55
And are within the rule for marshalling assets
62
By custom he may appoint a guardian to an infant Copy
66
feiture 355
75
Customary Dower or Freebench
89
Customary Curtesy
97
Whether the lord has power over the Copyhold of a
109
CHAP III
111
Reference to the case of Doe Whitaker on the effect
125
Persons incapacitated to take as Grantees
131
Of the Deputy and SubDeputy Steward
145
CHAP IV
151
Whether it can be made by Attorney
154
Essentiality of a Surrender as the medium of Transfer
163
The effect of a Surrender as to contingent and reversion
168
Of the construction of Copyhold Surrenders
178
Estates limited to commence In Futuro
196
Fee upon a Fee
205
Surrenders on Condition and Release of Right c
241
Customary heir 3578
250
The revocable nature of a Surrender
251
SURRENDER TO WILL
259
How to be framed with reference to a previous devise
265
A surrender will sometimes be presumed
276
CHAP V
291
A Will by parol only is good
293
And by a surrender to Will
299
Subject however to relief in equity as on a defective exe
303
Whether under a general devise of lands copyholds of
308
General words of devise will not operate as an execution
314
Effect of words of recommendation
315
TJie effect of a power of sale given to executors or others
321
A limitation over on a general failure of issue is held
328
In relation to the copyhold of a feme covert 607
332
Other cases on the subject of revocation of Wills
335
The intermediate rents under an executory devise when
341
CHAP VI
349
Tenant in tail on suffering a recovery
410
By whom a fine is not payable 416
416
To establish a tenant right of renewal of copyholds
423
Suit of court
430
Rent of Assise c
433
and by whom to be rendered 445
447
Multiplication and Extinguishment
459
CHAP IX
466
GUARDIANSHIP
471
Resulting Trusts and herein of the doctrine of
485
Executory Trusts
497
TREES AND MINES
499
CHAP XIII
516
The effect of forfeiture as regards distinct estates
530
The persons who may take advantage of forfeitures 588
538
Licences to Demise and other Dispensations of forfeiture
544
CHAP XIV
553
By tenants in common
560
Nature of real injuries
563
Limitation of Possessory Actions
573
Whether the demandant may amend or discontinue
579
But a remainder man or reversioner may bring ejectment
585
By the new rules of Court a rule for inspection is abso
589
As to the proprietory right to slips of waste adjoining
601
When admittance need not be shown 008
608
On a prohibition for staying a suit for tilhes
614
Yet probably if the commoners do not dissent equity
617
In respect of encroachments
618
CHAP XVI
623
To compel admission 23
629
A disputed right must be first tried at law except
633
How to proceed if the manor belong to the King
638
The effect of a descent of the manor upon an unadmitted
640
CHAP XVII
645
Act of the tenant for life of the manor will not prejudice
651
The doctrine of extinguishment dissimilar to merger
652
The issue of tenant in tail are barred by enfranchisement
657
An enfranchisement may be presumed even against
663

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Page 371 - directs that all powers vested in the bankrupt, which he might legally execute for his own benefit, (except the right of nomination to any vacant ecclesiastical benefice,) may be executed by the assignees for the benefit of the creditors, in such manner as the bankrupt might have executed the same; and by the
Page 243 - inrollcd in the High Court of Chancery within six calendar months next after the execution thereof;" and such settlement must be made to take effect in possession for the charitable use intended, and be without any power of revocation, trust, or condition, for the benefit of the donor, or any person claiming under him
Page 20 - which was an action of trespass for breaking and entering the plaintiff's close, and cutting down and prostrating the pales and fences standing therein, and there was a justification under an alleged right of common of pasture over the locus in quo, various instances were proved, from 1632, of grants by the lord of the manor of
Page 150 - but this case is by no means to be relied on as an authority in favour of Mr. Watkins's proposition. Chief Baron Gilbert, in noticing the case, thus expresses himself: " Copyholder in fee comes into court, and there accepts a copy to himself for life, remainder to his wife for life, remainder to his son for
Page 231 - and Sir RP or either of them, shall be minded to sell and dispose of the said premises in S. aforesaid, or any part thereof, that then and in such case it shall and may be lawful to
Page 76 - by his marriage settlement, conveyed a freehold estate to the use of himself for life, with remainder to his first and other sons successively in tail, with remainder to his sons by any future marriage, in like manner, with a limitation over to collateral relations.
Page 441 - observes, that if a person seised in fee of freehold lands, (by which must be meant freehold lands subject to heriot service by ancient tenure,) grant to A. for life, with remainder to B. for life, with remainder to C. for life, with remainder to D. in fee;
Page 79 - be good against the said bankrupt, and the issue of his body, and against all persons claiming under him, after he became bankrupt, and against all persons whom the said bankrupt, by fine, common recovery, or any other means, might cut off or debar from any remainder, reversion, or other interest, in or out of any of the said lands, tenements, and hereditaments
Page 312 - It has been decided by the House of Lords, that a power of revocation reserved to A. by any writing under his hand and seal attested by two or more credible witnesses, and of appointing new uses by the same or any other deed, may be exercised by the

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