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Principles of the Law of Real Property in New South Wales: Intended for the ...
Richard Edgar Kemp
No preview available - 2015
accordingly act of parliament alienation ancestor application appointment assigns Beav certificate of title Chancery conditional purchase contingent remainder convey conveyance Court of Chancery covenant coverture creditors Crown Lands Acts debts decease deed descent devise dispose dower duly effect enactment England entitled equity estate in fee estate or interest estate tail executed executors executory interest fee simple fee tail feoffee feoffment feudal freehold gift given heirs held hereditaments Hist Husb husband inheritance intention intestacy intestate issue joint tenants lease lessee Litt lord married ment mortgage mortgagor owner parties passed payment person possession Probate provisions quit-rent re-enacted real estate Real Property Act registered Registrar-General rent respect rule seised seisin settlement socage South Wales statute Statute of Frauds Sugd Supreme Court tenant in tail tenements tenure term thereof tion transfer trustee vested void wife words writ
Page 196 - And be it further enacted, that all declarations or creations of trusts or confidences of any lands, tenements or hereditaments shall be manifested and proved by some writing, signed by the party who is, by law, enabled to declare such trust, or by his last will in writing, or else they shall be utterly void and of none effect.
Page 419 - Or otherwise unless and until the lessor serves on the lessee a notice specifying the particular breach complained of, and, if the breach is capable of remedy, requiring the lessee to remedy the breach, and in any case requiring the lessee to make compensation in money for the breach...
Page 499 - Land or Hereditaments so charged shall, as between the different Persons claiming through or under the deceased Person , be primarily liable to the Payment of all Mortgage Debts with which the same shall be charged, every Part thereof, according to its Value, bearing a proportionate Part of the Mortgage Debts charged on the whole thereof...
Page 82 - A valuable consideration, in the sense of the law, may consist either in some right, interest, profit, or benefit accruing to the one party, or some forbearance, detriment, loss or responsibility given, suffered, or undertaken by the other.
Page 196 - That where any conveyance shall be made of any lands or tenements by which a trust or confidence shall or may arise or result by the implication or construction of law...
Page 359 - That no appointment made by will, in exercise of any power, shall be valid, unless the same be executed in manner herein-before required; and every will executed in manner hereinbefore required shall, so far as respects the execution and attestation thereof, be a valid execution of a power of appointment by will, notwithstanding it shall have been expressly required that a will made in exercise of such power should be executed with some additional or other form of execution or solemnity.
Page 422 - A general devise of the real estate of the testator, or of the real estate of the testator in any place or in the occupation of any person mentioned in his will, or otherwise described in a general manner...
Page 553 - To THE USE of the said CD and his assigns for and during the term of his natural life without impeachment of waste...
Page 264 - And be it further enacted, that where any real estate shall be devised to any person without any words of limitation, such devise shall be construed to pass the fee simple, or other the whole estate or interest which the testator had power to dispose of by will in such real estate, unless a contrary intention shall appear by the will.
Page 255 - ... unless a contrary intention shall appear by the will. XXV. And be it further enacted, that unless a contrary intention shall appear by the will, such real estate or interest therein as shall be comprised or intended to be comprised in any devise in such will contained, which shall fail or be void by reason of the death of the devisee in the lifetime of the testator, or by reason of such devise being contrary to law or otherwise incapable of taking effect, shall be included in the residuary devise...