A Digest of the Laws of England Respecting Real Property, 第 6 卷

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A. Strahan, 1818
 

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The Devisor must be seized or entitled _37 31 And must continue seized or entitled _39 32 Exceptions
40
Tenancies escheated id
41
Nor a Joint Tenancy
42
Of Devises of Copyholds i Copyholds devisable by Surrenders to Uses
44
Page
52
Where a Surrender will be supplied
54
A Surrender not supplied unless the Intent is appa rent
56
The Heir sometimes put to bis Election
58
CHAP V
59
Attestation by Three Witnesses
60
Who must see the whole Will
65
And must attest in the Presence of the Testator
68
But may attest at different Times 7i 35 Whether Wills and Codicils must be separately attested
75
Who may be Witneffes
78
Publication
79
A Person cannot empower himself to give Lands by a Will not duly attested
80
Wills charging Lands are within the Statute
82
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
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
It must be signed by the Testator
105
28 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
132
A fraudulent Conveyance is not a Revocation i34 86 Nor an Alteration of the Quality of the Estate id
138
CHAP VII
144
A Surrender of a Copyhold is a Republication
155
A Difference in the Estate renders the Devise good id
162
The Estate descends to the Heir
169
No Averment allowed to explain Wills
193
What Words create a Devise
198
What Words neceflary to describe the Devisees
207
The Word Iffue 213
213
What Words neceflary to describe the Things devised
218
The Words Lands Tenements and Hereditaments
219
Meffuage and House
220
All my Rents
221
All I am worth _
222
Residue of Estate Property and Effects
223
Effect of additional Words
228
Words sometimes applied against their Technical Meaning
231
Or charged with Debts and Legacies
277
Or with an Annual Payment for ever
279
Or for the Life of a Third Person
280
ja A Devise with a Limitation over 383
284
What Words pass the whole Interest in a Chattel
286
CHAP XII
288
The Words Iffue Children c
299
3 An Estate Tail may arise by Implication
301
A Devise generally may be enlarged into an Estate Tail
302
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
Applied to Devises of legal Estates
346
Sons or Children
365
Or to Heirs with Words of Explanation
367
Or to the Word Heir with Words of Limitation 37 c
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 595
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 betweerrmore than Two
436
This Doctrine somewhat altered
438
to Debts and Legacies and enable Persons to sell Lands Pase I What Words create a Condition
447
Where construed a Limitation
448
What Words make Lands liable to Debts and Legacies
449
Copyholds liable as well as Freeholds
454
Legacies not preferred to fpecific Devises
455
What Words enable Persons to sell Lands
456
CHAP XVII
461
Though the first Estate be not vested
464
An Executory Devise cannot be barred
465
Within what Time an Executory Devise must vest
466
A Devise after a general Failure of Heirs or Issue is void 4
469
Unless restrained id
471
CHAP XVIII
474
too remote
481
Exceptions1 a Devise of a Reversion
484
a A Devise in default of Issue of the Devisor
489
3 A Devise over for Life on Failure of Issue of the first Devisee
493

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第 60 頁 - Kent, or the custom of any borough, or any other particular custom, shall be in writing, and signed by the party so devising the same, or by some other person in his presence, and by his express direction; and shall be attested and subscribed in the presence of the said devisor, by three or four credible witnesses, or else they shall be utterly void, and of none effect...
第 24 頁 - ... 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.
第 358 頁 - 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...
第 268 頁 - Jacob to have and to hold to him and his heirs for ever. Item I give to my Son...
第 363 頁 - 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...
第 394 頁 - I give and bequeath to my dearly beloved wife Sarah Barry for and during the term of her natural life...
第 574 頁 - 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.
第 525 頁 - ... who should be living at the time of the decease of the survivor of them the...
第 93 頁 - ... aforesaid, or unless the same be altered by some other will or codicil in writing, or other writing of the devisor, signed in the presence of three or four witnesses, declaring the same, any former law or usage to the contrary notwithstanding.
第 367 頁 - ... the elder of such sons, and the heirs male of his body issuing, being always to be preferred, and to take before, the younger of such sons, and the heirs male of his and their body and...

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