69, et seq.
7. By a will duly executed, charging
land generally with legacies, a
testator enables himself to lay any
number of additional legacies on
the land, by a subsequent testa-
mentary disposition unexecuted

69-71
8. A sum of money devised out of
land, is part of the land in equity,
and such disposition is within the
statute of frauds
72

9. But the person to whom the land,
if purchased, would belong, may
act upon the fund as real or per-
sonal estate
73
10. Devise of, to be sold, and the

26. Nor the ledger-book
27. But where the original will can
be proved to be lost, the probate
even of a will of lands may be
evidence
66
28. In what case muniments of land
will pass to the heir, and to the
84

executor

LAPSE OF LEGACY.
When it takes place, and how pre-
vented II. 113, 256, note (3)

LEASES.

1. Whether a renewed lease passes
under a prior disposition by will
of the original lease I. 307
2. In general, a renewal is a revo-

cation, whether it be of a chattel,
or a freehold lease
308
3. A material difference in this res-
pect between freehold and chattel
leases

2. But not as to land

LEGACIES.

ibid

4. Whether the renewal of a lease is
a revocation of a will, depends
upon whether the design is specific
or general

311
5. Where the disposing words could
have passed the leases, if renewed
in the testator's life, any renewals
after his death by his representa-
tives, will pass by such words

318, 319. II. 487
6. A tenancy from year to year is
devisable and transmissible I. 319
7. And the goodwill or tenant-right
which accompanies it, passes with
it
ibid
8. What words necessary to pass
leases renewed, after the passing
of the will
II. 487

LEASEHOLDS.

1. Leaseholds are not, in general,
included under a general devise of
lands
I. 440
2. But, if the testator leave none but
leaseholds, they will pass 441
3. If the will be ineffectual to pass
freeholds for want of due execu-
tion, this will not make the lease-
holds pass by a general devise ap-
plicable to freehold estate

441, 442, note
4. Leaseholds will pass where there
are only such to answer the devise,
though the devise is expressly of
the testator's freeholds
443
5. And, under an express devise of
leasehold, freehold may pass, if
such appear to be the intention

444
6. Of the effect of the clause direct-
ing leaseholds to be settled as far
as the law will allow, upon trusts
correspondent to the uses of the
freehold II. 295-299, notes

8, 9, notes
3. Distinction between hereditas ex
testamento, and legatum 8, note
4. Difference between a legacy and
a donatio mortis causâ

9. The distinctions, as to what is
specific and what is general, have
run into great subtilty
ibid
10. A specific alteration of the thing
bequeathed, seems to be a clear
practical revocation

385

391

11. Of satisfaction of a legacy
12. If a legacy given by will be
adeemed, a codicil ratifying and
confirming the will, will not set
up the adeemed legacy
413
13. The general rule is, that a be-
quest of so much stock is a gene-
ral legacy, unless there be some
special ground for construing it
specific
428-430
14. What words are necessary to
charge the specific devisee with
legacies
II. 458, note
15. Where a bequest of the interest
and dividends will convey the
stock itself
I. 430, 431
16. Legacy to a child, without stat.
ing any specific purpose for which
it is given, is a portion II. 3
17. Legacies imply a bounty

-

5, note (1)
18. Legacy to a debtor, exceeding
or equalling the amount of his
debt, presumed to be a satisfaction
thereof
5-7
19. State of the doctrine as to the
presumption of the courts in the
case of double legacies, in the

2. A legatee could not, either in the
spiritual or common law courts,
give testimony to the validity of
the will, without releasing his claim
to the legacy
135, 172
3. Legacy to him in what case void,
by 25 Geo. II. c. 6.

ibid, note (5)
4. Legatees, erroneously supposed
to be dead, are entitled to their
legacies on proof of identity 337
5. Of mistake in the name of lega-
tees
II. 14
6. Where the name used happens to

belong to a person in being, and
who might be in the testator's
contemplation

15
7. Effect of a blank left for the name
of a legatee
24
8. In case of devise of residue of
personal estate, if the party shall
attain 21, the profits in the mean
time are considered to be given to
the legatee, and are to accumulate
454, note

LETTERS OF ADMINISTRA-
TION.

how to be paid

123

33. When a legacy given for an in-
fant's benefit one way, may be
applied for him another way
256, note (2)
34. If a testator bequeath a certain
thing which he specifies as being
his own, the legacy will not have
effect, unless that thing be found
among the testator's property

466, note
35. Substituted legacies stand charg-
ed upon the same fund as original
legacies
473, note
36. Legacy to be laid out in land in
Scotland, established, not being
within Stat. 9 G. II. c. 36 511

See AMBIGUITIES.

LEGATEE.

1. A legatee must be capable of tak-
ing under the testator's will
I. 35

LIABILITY OF EXECUTORS.
The liability of executors stated
II. 143-156

LIMITATION TO HEIRS.

1. What words in a will are equiva-
lent to a limitation to heirs
I. 487
2. Limitation to one and his heirs
may be reduced by subsequent
words to an estate tail 528-531
3. A limitation, importing an estate
in tail general, may by subsequent
words be confined to the heirs in
tail male
532, 533
4. Cases wherein the limitation is
void, as being mounted on a fee
542, note
LIMITATIONS, (STATUTE OF.)

To what debts this statute applies
I. 218, 219, note

will provides for children

II. 507
2. Marriage, subsequent to a will,
and the birth of a child, is an im-
plied revocation, as well of a will
of real, as of personal estate
I. 347. II. 488-490

3. Origin, and gradual adoption of
this rule,
I. note (2)
4. Whether the previous disposition
of the whole estate is necessary to
ground the application of the rule
348, note (3)
5. Lord Mansfield's doctrine in re-
spect to the admissibility of ex-
trinsic evidence to rebut the pre-
348
sumption

349

6. The principle of the rule accord-
ing to Lord Kenyon
7. Whether a will is revoked by the
birth of more children by a first
marriage after the will, and a se
cond marriage without children

350

8. Of the effect of a second mar-
riage, and the birth of children,
where the wife and children were
provided for by settlement, and
there were children by a former
marriage before the will

350, 351. II. 488.
9. Of a subsequent marriage, and
the birth of a posthumous child
I. 351-353
10. Marriage, and the birth of a child,
must concur, and both events must
take place after the will, to pro-
duce a revocation
354-357
11. Whether this presumption of re-
vocation may give way to circum-
358-370

stances

12. Effect of a woman's marriage
371-375
upon her will
13. Consequence of the marriage of
an executrix, where the testator is
indebted to her; or where her
husband is indebted to the testator
II. 152
14. Of conditions in restraint of
marriage
240-246, note

MARRIED WOMEN.

1. A married woman may make a
will, and act as feme sole, where