A Digest of the Laws of England Respecting Real Property, Volumen6

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A. Strahan, Law-Printer to the King, 1806
 

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And muſt atteſt in the Prefence of the Teftator
26
34 A Devife generally may be enlarged into an Eſtate
34
The Witneffes may atteft at different Times
35
Who may be Witneffes
38
Publication
43
A Perſon cannot empower himſelf to give Lands
46
a Will not duly attested
47
Wills that charge Lands are within the Statute
48
Exception Codicil giving Legacies
49
Wills of truft are within the Statute
51
And of Mortgages and Equities of Redemption
53
And of Money to be laid out in Lands
54
And Wills made Abroad
55
Wills of Terms for Years are not within the Statute
56
Page
58
Exception Terms to attend
73
Wills of Copyholds not within the Statute 65 Wills may be proved in Chancery
76
CHAP VI
78
Modes of revoking a Will of Lands
80
A Codicil is fometimes a Revocation 15 Two Wills of the fame Date are void
88
a 3
89
Such Declaration must be figned by the Teftator
91
Cancelling
92
It must be by the Teftator or by his Direction
94
An Obliteration of Part does not revoke the Whole
96
Cancelling one Part revokes the other
100
Implied Revocations ibid 37 Marriage and Birth of a Child
101
Page 42
102
44
103
48
105
ibid 49
106
54
107
57
108
бо 64
110
66
111
68
112
69
113
ibid
114
72
115
73
116
74
119
80
121
ibid 81
122
Nor a Partition
123
88
124
Revocations of Leafeholds
125
Revocations of Copyholds
127
CHAP VII
129
Reexecution is a Republication ibid 3 And alſo a Codicil
130
Unleſs confined to Lands deviſed by the Will 10
137
A Surrender of a Copyhold to the Uſe of a Will
139
Cancelling a ſecond Will republiſhes the firſt
141
But a Will once cancelled must be reexecuted
142
CHAP
144
Though charged with Debts c
145
The Devifee muſt be fole Heir
146
A Difference in the Eftate renders the Deviſe good
147
Second Devifes to charitable Ufes
149
Third Where there has been Fraud
150
Fourth Where the Deviſee dies before the Deviſor ibid 28 Fifth Uncertainty
155
Devifes by Implication
181
What Words neceffary to defcribe the Deviſees
183
The Word Heir is fometimes a good Defcription
184
Iffue is a good Defcription
185
And alfo Sons Children c
187
What Words neceffary to deſcribe the Things deviſed
188
Lands Tenements and Hereditaments
191
All my Rents
195
Meffuage and Houfe ibid 64 All I am worth
196
CHAP XI
236
3 Any Words fhewing an Intention to give the whole Intereft
237
Effect of an Introductory Claufe
243
Effect of the Word Eſtate
244
All the Reft and Refidue of my Eftate
250
Whatever elfe I have not diſpoſed of
251
Remainder
252
Reverfion ibid 49 Devife on Condition of paying a Sum of Money
253
Devife charged with Debts and Legacies
255
Deviſe charged with an annual Payment for ever
258
Devife charged with an annual Payment for Life
259
Exception Where there is a Charge on the Rents and Profits
264
Deviſe to Truſtees for Purpoſes requiring a Fee ibid 76 A general Deviſe paffes the whole Intereft in a Chattel
266
CHAP XII
268
An Eftate Tail may ariſe by Implication
282
Tail
284
A Devife for Life may be enlarged into an Eſtate Tail
286
CHAP XIII
297
Though a Power of Diſpoſal is given
301
A Deviſe without any Words of Limitation
305
Though charged with a Payment out of the Eſtate deviſed
315
Or an Annuity during the Life of the Devifee 3 19
320
The Word Hereditaments only paffes an Eſtate for Life
321
CHAP XIV
323
Applied in Devifes of legal Eſtates
324
Though the Limitation to the Heirs be only mediate
326
Though the Eſtate for Life arife by Implication
330
Applied where the Word Heir in the fingular Number is uſed
332
And alſo where there are fuperadded Words to the Word Heirs
333
And alfo to Devifes of Truſt Eſtates
336
And to Devifes of Copyholds
343
And to Devifes of Terms for Years
344
Where Words of Explanation are added to the Word Heirs
346
Where Words of Limitation are added to the Word Heir
353
Where the Remainder is to the Heir for Life
355
CHAP XV
404
A Surrender to the Uſe of a Will bars an Intail
408
What Words create CrofsRemainders
414
CHAP XVI
428
What Words enable Perſons to fell Lands
435
Though the Firſt Eſtate be not vefted
443
A Devife after a general Failure of Heirs or Iffue
449
Nor between a Deviſe for Life and an indefinite Deviſe
497
Where One Limitation is Executory all the fubfe
499
Limitations over after an Executory Devife of
507
A Limitation which was originally a contingent
513
36
519
The Words dying without Iffue fometimes
xxxiii
Where
xxxiii
52 Where
xliii
34
cxxii

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Página 342 - ... heirs male of the body and bodies of all and every such son and sons lawfully...
Página 348 - ... sons and the heirs male of his and their body and bodies ; and for...
Página 311 - Male of his and their body and bodies issuing and for default of such issue to the use of all and every the Daughter and Daughters of the body of...
Página 506 - ... to commence within twenty-one years after a life in being, and if the contingency of a child never happened, then the last remainder...
Página 348 - Sandall (said testator's two daughters), to be divided between them, share and share alike, and they to take as tenants in common, and not as joint tenants, and of the several and respective heirs of the...
Página 299 - Ep w^' for life, remainder to truftees during his life, to preferve contingent remainders, remainder to his firft and other fons in tail male*, remainder to...
Página 48 - ... and fhall be attefted and fubfcribed in the prefence of the faid devifor by three or four credible witnefles, or elfe they fhall be utterly void and of none effect.
Página 377 - Court is necessary to complete a limitation, in that case, the limitation in the will not being complete, that is sufficient evidence of the testator's intention that the Court should model the limitations. But where the trusts and limitations are already expressly declared, the Court has no authority to interfere, and make them different from what they would be at law (u).
Página 57 - And certainly, he did not mean a part of it only ; but the whole of it And he desires them to attest it.
Página 290 - Leach), who ordered that a case should be made for the opinion of the judges of the Court of King's Bench upon the following question — Whether the plaintiffs in the case, or any.

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