Sidebilder
PDF
ePub

only a revocation of pro tanto, 184. If general, operates as an
appointment, ib. Of residue includes lapsed and void devises, when,
ib. If general, includes copybolds and leaseholds, 184, 712.
Passes a fee without words of limitation, 184, 711. " Die with-
out issue,” meaning of, in a devise, 184. To trustees, effect of, 185.
Of estates tail do not always lapse, 185, 714. To issue of testator do
not always lapse, 185. Revoked by marriage, 183, 713. What
are words of condition in, 715. Forms of, of trust and mortgage
estates, 695. In trust to sell, 697. In fee, 698. To an infant,

ib. Of real estate for life, 699. See Will.
Devisee-must covenant against acts of his devisor, 14.
Disability-persons under, allowed ten years from its determination

to assert their rights, 172.
Distress for Rent-forms applicable to, 398. Observations on, 401.
Dower-seisin of husband, not necessary for title to, 150. Lands
may be conveyed or devised free from dower, ib.

Devise of any
real estate to widow, will bar her dower, ib. Women married be-
fore 1834, not affected by the dower act, ib. Arrears of, barred af.
ter six years, 175. Observations on conveyances with reference

Estate in, does not confer right to protectorship, 155,
591. Statute for the amendment of the law of, 150. Provisions
for passing dower, 164. Forms relating to, 186.

to, 389.

Ejectment-form of warrant of attorney in, 684.
Equitable Estates—will not merge in an estate in remainder, 676.

Will merge in the legal estate, 678.
Equity of Redemption-observations on, 382 n. Foreclosure of, 464.

Reference of foreclosure suit, 462. Purchaser of, must indemnify
vendor against the mortgage, 15. Purchaser of, should give no-
tice to mortgagee, 382. Barred after 20 years, 173, 464. Form
of conveyance of, 382. Covenant by purchaser to indemnify ven-

dor, 93.
Estate Tail-devise of, will not lapse when, 185, 714. Will not

merge, 676. Form of deed for barring, 384. Suggestions on the
settlement of, 657. Act for abolition of fines and recoveries, 151.

See Protectorate ; Tenant in Tail.
Estates pur autre vie-are assets in the hands of heir or executor, 181.

Where no special occupant, shall go to executor, ib.

in an estate for life, 676.
Erceptions—in conveyances, 41. Forms, of timber, 42, 44. Game

and fish, 43. Mines, ib. Liberty to plant, 42, 43. In a lease,

415.
Exchange-form of, 365. Of right of way, 615. Agreement for,

190. Stamps on, 660.
Executor—is a good witness to a will, 183. Is not protector of a

settlement, 155. Entitled to estates pur autre vie, where no spe-
cial occupant, 181. Devise to, 185. Bound by testator's cove-

Will merge

[ocr errors]

nants, 196. Forms, of appointment of, 692. Of gift of legacy

to, 695.

Feme Covert-protector with her husband of her estates, 155. Sole

protector, where she has the separate use, 155, 158. Deeds of in
general void, 2. May convey by deed acknowledged, 164. Power
over her separate estate, 649. May be restrained from aliening her
separate estate, ib. May execute wills under a power, 182.
May act under power of attorney, 587. Mode of providing for,
against busband's bankruptcy, 647. Entitled to the custody of her
children when under seven, 166. Estate of, husband entitled to for
joint lives, 648 n. On her husband's power over her choses in action,
288. Forms, as to acknowledgment of deeds by, 186. Of conveyance
from, 373. Trust for separate use, 632. Of lease of lands of,

419. Of reddendum in a lease of her lands, 50.
Feme Sole-marriage of, is dissolution of partnership, 572.
Feoffment-operative words in, 38. Form of recital of, 32. Form

of, 358. Must be completed by livery of seisin, 358. Modes of

delivering seisin, 358. Stamps on, 660.
Fines and Recoveries-act for the abolition of, 150. Abolished,

152. If defective, rendered valid in certain cases, 153.
Foreclosure-suit for, observations on, 462. Reference of, under

7th Geo. II. 462. Unnecessary after a certain period, 464.
Fraud-time runs against the remedy from discovery of it, 173.
Makes deeds void, 6. Releases obtained through, void, 626. See

Statute of Frauds.
Further Charge-observations on, 465, 446. Forms of, 444, 455.
Gamekeeper-appointment of, 240.
General Devise-what it will comprise, 184, 712.
General Words-forms of, in conveyances, 40.
Grant-forms, of operative words in, 38. Of a reversion or remain-

der, 361. Of tithes, 361 n. Of a seat in a church, 362.
* right of way, 615 n.
Guardian-observations on, 238 n. Forms, of appointments by infant,

236. By father, 238. By will, 692.

Of a

Habendum-object of, 7. Forms of, 45.
Heir-must covenant in a conveyance against the acts of his ancestor,

14. Not protector to a settlement, 155, 596. When also devisee
shall take as such, 167. Estates pur autre vie, assets in hands of, when
special occupant, 181. When bound by ancestor's contracts, 195.

Identity-of parcels in deeds, how preserved, 13. Notary's certificate

of, as to persons, 467.
Indenture-definition of, 9, 10. A person not a party to, cannot

take under, 588. Exception to the rule, ib.

Infants--deeds of are generally void, 1. Exceptions to the rule, ib.
Contracts for annuities with, void, 2. May act under power of
attorney, 587. Trustees may convey under the direction of the
court of chancery, 606. Warrant of attorney by, is void, 691.
Cannot make a will, 182, 711. If protector, court of chancery
will act for them, 156, 595. A promise to pay a debt, contracted
during infancy, must be in writing, 139. As to apprenticeship of,

250. Act for the custody of, 166. See Guardian ; Feme Covert.
Inheritance_act for the amendment of the law of, 167. Half blood

may inherit, ib. Attainder will not prevent descent, ib. See Plate

at the commencement.
Interesse termini-will not prevent a merger, 677. Will not merge,

678. May be released, ib.
Interest-payable on judgments, 148. On purchase-money, where

purchase set aside, 133. Arrears of, barred after six years, 175.
Not chargeable on interest, or costs paid by assignee on transfer of
mortgage, 463. Payment of, takes a case out of statute of limi-
tations, 139. Converted into principal, is equivalent to a fresh
loan, 668. Allowed on rent, taxes, &c. paid by mortgagee,

666.
Inventory—should be given by tenant for life of furniture, &c. 700,

703. Of goods distrained, form of, 398.

Joint Tenants-how named in deeds, 10. Possession of one, not the

possession of the others, 172. Acknowledgment of right to redeem
by one mortgagee, not to affect the others, 173. Acknowledgment
to one of several mortgagors, is for the benefit of all, 173. Sur.
render to one, enures for the benefit of all, 678. Contra, where
surrender is by act of law, ib. As to statement of consideration,

in mortgage to, 452.
Judgments-act for the protection of purchasers against, 168. Have

the effect of equitable mortgages, 147. Affect the entirety of
lands, ib. Docket of, done away with, 168. Interest payable on,
148. Barred after 20 years, 174. Must be registered every five
years, 149, 168, 689. On warrants of attorney, 688. Forms, of re-
cital of, 22. Of assignment of, 270.

Landlord and Tenant-act for recovery of possession of tenements,

175. Tenant holding over, after notice by himself, 522. After
notice by landlord, 519. Observations on notices to quit, 518, et

seq. See Distress ; Lease ; Lessee.
Lease-observations on, 428. Must be in writing, if for more than

three years, 403. Usual covenants in, 504. Difference between,
and agreement for lease, 212, 216.

Observations on agreements
for, 215. On the right to assign, 207. On the covenant to re-
pair, 405. What is a breach of covenant not to assign, 403. Rent
reserved by is apportionable, 431. Observations on assignment of,

$

262. Effect of deposit of, 430. Stamps on, 660. Operative
words in, 38. Forms, recital of, 33. Of licence to assign, ib.
Reference to lease for a year, 38. Assignment of, 260. Ofa house,
403. Under-lease of house with fixtures, 407. Of premises in
mortgage, 411. A farm, 415. A house, 421. By husband and
wife, 419. Conditions for, 421. Hahendums in, 45. Reddendums
in, 47.

Covenants in, 103. Provisoes in, 79, et seq. Power to
lease, 63.
Leaseholds-observations on assignment of, 262. Proper covenants
in, 15.

On the mortgage of, 459. Equitable mortgage of, 430.
On the reassignment of, 604. Forms, conveyance of, 388. Mort-
gage of, 443.

Covenants for title in assignment of, 94. See
Lease.
Legacy-right to, barred after twenty years, 174. To attesting witness

of a will, void, 182, 710. To husband or wife of attestingwitness,
182. Of a debt to debtor liable to lapse, 693, 713. To issue of
testator will not always lapse, 185, 714. Forfeited by death of
legatee, 713. Of stock, observatious on, 694. Vesting of, observa-
tions on, 714. On condition not to marry, 704. Forms of gift of,

693, 691. Assignment of, 276, 280.
Lessee--under a general power to determine a lease, the lessee has the

right, 207. Liable to rent, though premises burnt down, ib.
May assign if not expressly restrained, ib. Fire no excuse for not
repairing, ib. Not liable to additional costs of lease, occasioned
by a third party's concurrence, 205. Entitled to underlet, though
restrained from assigning, 429. Becoming bankrupt, retains his
lease, unless assignees elect to take, 431. Liable to an apportioned
rent on termination of lease, 432. Shall not be protector, 155.

See Lease ; Landlord and Tenant.
Lien-attorneys have a lien for their costs, 300. And their represen-

tatives, 302. Extends to deeds, papers, and money, 301. Not to
a will, 302. Mode of enforcing, 303. Affected by attorney retir-
ing from a suit, 302. Extent of agent's lien, ib. In case of com-
missioners for taking the acknowledgment of married women, ib.

Clerk in court, 303.
Liyhts-title to valid, after twenty years user, 177.
Limitations, Statute of-verbal acknowledgment will not take a debt

out of the statute, 139. Indorsements of payments on account, not
a proof of payment, ib. Effect of payment of interest, 139, 175.
Land not to be recoverable after twenty years,

170. Ten years al-
lowed for disabilities, 172. How remainders barred, 171. Mort-
gagor barred after twenty years, 170, 173, 464. Where parties
have several estates in the same land, 172. Time allowed corpo-
rations sole, 173. In cases of fraud or trust, ib. As to advow.
sons, 174. Charges on land and legacies, barred after twenty years,
174, 288. Arrears of dower, rent, and interest, barred after six
years, 175, 288. Right to take advantage of forfeiture barred after

twenty years, 171. How administrator barred, it. Act for limi-

tation of actions relating to real property, 169.
Lis pendens-must be registered, to have validity against purchasers,

168. Statute for protection against, ib.
Lodgings--length of notice required before quitting, 521. Form of

notice to quit, ib.
Lunacy--of a partner, not a dissolution of partnership, 572. Ground

upon which the court of chancery will sometimes dissolve, ib. Of

protector, lord chancellor acts as protector, 156, 595.
Marriage—is a revocation of a will, 183. Not of some testamentary

appointments, ib. Of a woman, is a dissolution of partnership,
572. Observations on marriage settlements, 646. Forms of,

628.
Merger-observations on, 676. Some base fees will not merge, 157,

676. Interesse termini will not merge, 677. Of equitable estates,
676, 678. By operation of law, in case of joint tenants, ib. Sur-
render to one joint tenant, is a merger of the entirety, 678. Of
estates held in different rights, 679. Estates tail do not merge, 676.

Of one term in another, 258, 676.
Modus-see Tithes.
Mortgage-observations on, 456. Of copyholds, 459. Of lease-

holds, ib. On covenants in, 458. Form of deed, ib. Of equitable
mortgages of leaseholds, 430. Investigation of title on, 456. Fore-
closure of, 462. Assignment of, 437, 463. Redemption of, 461,
464. Right to redeem barred after twenty years, 173. Deed must
be prepared by mortgagee's solicitor, 456. Stamps on, 662. Where
money advanced by several, 452, 459. Advantages of mortgagor's
concurrence in transfers of, 437. By tenant in tail, 447 n. 443.
Amount which trustees may lend, 466. Leases of premises in, 428.
Reconveyance of, 462, 607. Schedule of deeds should be given
with, 607. Forms, operative words, 38. Recitals of, 29. In con-
veyance, 374. In fee, 433. Of copybolds, 434. With short
trusts for sale, 435, 451. Of leaseholds, 443. By tenant in tail,
446. By trustees of a term, and tenant for life, 448. By appoint-
ment, 449. To several persons, 451. of personal estate, 454.
Assignment of, 439. Ditto where further sum advanced, 437. By
conversion of a mortgage for a term into a mortgage in fee, 441.
Further charge, 444. By appointment, 455. Power of sale in,
55. Power of attorney, in assignment of, 58. Provisoes in, 72.

Covenants in, 97.
Mortgage-Money_belongs to executor, 602. Right to, barred after
twenty years, 174.

Interest on, barred after six years, 175.
Mortgagee-extent to which he should investigate title, 456. May

give notice to tenants to pay rent to bim, 462. Should obtain pos-
session of title-deeds, 460. Notices to be given by, ib. Duty as
to outstanding terms, 258. Preparation of securities is the duty of

« ForrigeFortsett »