A Digest of the Laws of England Respecting Real Property, Volume 6

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J. Butterworth, 1824 - Real property
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Contents

Statute of Frauds
48
Signing by the Testator
49
Attestation by Witnesses
51
Who ought to see the whole Will
53
And must attest in the presence of the Testator
55
But may attest at different times
58
Wills and Codicils need not be separately attested
60
WTho may be Witnesses
64
Publication
65
A Person cannot empower himself to give Lands by a Will not duly attested
66
Wills charging Lands are within the Statute
68
But not Codicils giving Legacies
72
And also of Mortgages and Equities of Redemption id
73
Or of Terms for Years
74
Except Terms attendant on the Inheritance
75
CHAP VI
76
with a former one
77
Otherwise both Wills are good
78
Two inconsistent Wills of the same Date are void
84
A second unattested Will revokes Legacies id
85
in A written Declaration
86
Cancelling
88
An intended Alienation
101
Alienation to the Use of the Testator
102
Alienation to strengthen the Devise
103
Fine and Recovery id
106
Parol Evidence not admissible
112
A fraudulent Conveyance not a Revocation
113
Nor an Alteration of the Quality of the Estate
114
Nor the Change of a Trustee
116
Nor a Partition
117
Unless it extends to other Things
118
Partial Revocations
119
Revocations of Leaseholds
121
CHAP VII
123
Reexecution is a Republication
124
Unless confined to Lands devised by the Will
130
Cancelling a second Will republishes the first
132
But a Will once cancelled must be reexecuted
133
CHAP VIII
135
Words rejected or supplied 15Q 18 The Word or construed and _
147
A Perpetuity cannot be created _ y 35 But tlie Construction will be cy pres _
155
No Averment admitted to explain Devises
167
General Words confined to Freeholds _
201
What Words necessary to pass Reversions
212
And Mortgages or Lands held in Trust for others
218
And Equities of Redemption 000
222
terest
224
Whatever else I have not disposed of
238
Devise on Condition of paying a Sum of Money
239
Or charged with Debts and Legacies
240
Or with a perpetual Annual Payment
242
Or for the Life of a Third Person
243
A Devise with a Limitation over
245
Devise to Trustees for Purposes requiring a Fee
246
What Words pass the whole Interest in a Chattel
247
CHAP XII
249
A Devise for Life may be enlarged into an Estate Tail 8
264
CHAP XIII
276
Or an Annuity during the Life of the Devisee
296
Sort Page 38 The Word Hereditament
297
Where the general Intent requires it
298
What Words create a Term for Years
299
And uncertain Interests
300
Where the Word Heir in the Singukr Number is used
307
17 Though there are superadded Words id
310
And in Devises of Copyholds
317
In Wills of Terms for Years id
318
Or to the Word Heirs with Words of Explanation
319
Or to the Word Heir with Words of Limitation
323
Or to Heirs witii Words limiting a particular Kind of Estate
324
Or to the Heir for Life
325
Or to Issue with Words of Limitation
326
Unless the general Intent require a different Con struction
328
Or where an executory Trust is created
337
Or where the Estates are of different Natures
344
Case of Perrin v Blake
345
General Observations on the Rule
360
CHAP XV
364
What Words create Cross Remainders
380
By the Testator or by his Direction 89
569
An Obliteration of part does not revoke the whole 92
570
Formerly not implied between more than Two 381
575
Vol VI
585
The King id
702

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Page 321 - ... preferred, and to take before, the younger of such sons, and the heirs male of his and their body and...
Page 64 - ... such devise, legacy, estate, gift or appointment shall, so far only as concerns such person attesting the execution of such will, or the wife or husband of such person, or any person claiming under such person or wife or husband be utterly null and void...
Page 77 - ... by some other will or codicil in writing, or other writing declaring the same, or by burning, cancelling, tearing, or obliterating the same, by the testator himself, or in his presence, and by his directions and consent ; but all devises and bequests of lands and tenements shall remain and continue in force until the same be burnt, cancelled, torn, or obliterated, by the testator, or by his directions, in manner aforesaid, or unless the same be altered by some other will or codicil in writing,...
Page 311 - Bart.,) their heirs and assigns, to the uses after mentioned ; (that is to say,) to the use of the said testator's son, the said plaintiff, James Houghton Langston, for and during the term of his natural life...
Page 232 - Jacob to have and to hold to him and his heirs for ever. Item I give to my Son...
Page 316 - 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 503 - I go upon is, that the plaintiff was en ventre sa mere at the time of her brother's death, and consequently a person in rerum natura: so that by the rules of the common and civil law she was, to all intents and purposes, a child, as much as if born in the father's lifetime.
Page 110 - ... remainder to the use of the first and other sons of the marriage in tail male ; remainder to the first and other sons of...
Page 337 - W. by deed or will should appoint ; " and, for want of such appointment, to the heirs of the body of " W., share and share alike, as tenants in common ; and if but one " child, the whole to such only child ; and, for want of such issue, " to the heirs of the testator.
Page 413 - Now taking all this into consideration together, it is impossible not to see that the failure of issue intended by the testator was to be a failure of issue at the death of the first taker ; and if so, the rule of law is not to be controverted.

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