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INDEX

OF THE

PRINCIPAL MATTERS

CONTAINED IN THIS VOLUME.

A.

6. Determinations of the courts upon

the accumulation act 678 note.
ACCIDENT
1. Hot far accident and surprise may

ADEMPTION,
operate a revocation of a will

See Legacy,

5-7
408-411

ADMITTANCE,
ACCUMULATION, 1. Of the relation, in respect to copy-
1. By 39 and 40 Geo. 3. c. 98, No holds, of the admittance to the

person, by deed or will, &c. shall surrender, • 326, 685 note.
settle or dispose of any

real or per
sonal property, in such manner that

AGREEMENT,
the rents or produce shall be accu. See Lease 4; Power

5
mulated for a longer term than there-
in mentioned ; and any other direc-

ALTERATION,
tion shall be void, and the rents 1. Difference in the effect of alteration
go to the persons entitled thereto, and a mere erasure

377, 378
Sec. l.

514 | 2. Alteration, being a fresh exercise of
2. Nothing therein to extend to provi- the disposing power, requires the will

sions for payment of debts, or for to be re-executed to give effect to the
raising portions for children, or alteration if of freehold estate 378
touching timber, \ 2.

515 3. And so it seems does erasure if it
3. Nor to any disposition of heritable changes the quantity or quality of
property in Scotland, g 3. 516 che estate

380
4. When restrictions shall take effect
with respect to wills made before the

AMBIGUITIES,
passing of that act, $ 4. ibid. 1. Latent and patent ambiguity de-
5. Clauses directing accumulation, fined,

456, 459
541, 561

case

2. Of mistakes in the names of per-

ATTESTATION,
sons

4571. As to the persons capable of attest-
3. Name mistaken.- Where the name ing wills. See Titles, QUALIFICA-

used happens to belong to a person TiON, SIGNATURE 8, WITNESSES.
in being, and who might be in the 2. It is sufficient if the testator might

testator's contemplation 457 see the witnesses attest the execution
4. What ambiguity is created by devise of his will, whether he did actually
to a person's family
458 see them or not

163
5. Or to one of the song of J. S. 459 3. The practice of the civil law in this
6. Of the mark of a patent and latent

164, note.
ambiguity

461, 464 4. Not sufficient that the testator be
7. Effects of a false or true descrip- corporally present: he must possess
tion

465 his faculties, so as to give him a
8. Some ambiguities patent are not mental knowledge of the fact 167
incurable

467 5. Whether the acknowledgment by
9. Of the lights reflected upon particu- the subscribing witness to the tes.

lar passages by the context 468 tator, would be sufficient 169
10. When Courts will look to circum- 6. In common law courts, one of the

stances out of the will for explaining subscribing witnesses of a will may
ambiguities

470 and note. prove the attestation by the others,
ll. Of the effect of a blank left for the but in Courts of Equity it is other-
name of the legatec

466 wise - 179, 186, 188, and Bote.
12. Blank in a codicil explained from 7. And if all the witnesses deny their
the will

470, note 11. hands, still the devisee may go into
13. Where a will is hardly legible or circumstances to prove the due exe
the legacy in doubtful figures-how

cution of the will

ibid. 183
explained,

467, note 10. 8. Distinction between the attestation

of wills and deeds
APPOINTMENT OF 9. And of negotiable instruments and
GUARDIAN.
other instruments

185
See GUARDIAN BY WILL.

10. Provisions of 25 Geo. 2. c. 6.

respecting attestations of wills and
ARTICLES,

codicils

508514
Revocation in Equity by articles to sell 11. If one of the witnesses be dead,
for valuable consideration 315 proof of his handwriting is admitted

184

188
ASSETS,

12. So if one of the witnesses be be-
1. Assets will not be marshalled in yond sea
favour of a charity,

226 13. Or have become insane 190
2. Assets-equitable or legal-what, 14. And where a will is old, and no

247, 248 and notes. account of a witness's handwriting
3. Trusts shall be assets in the hands can be obtained, such proof is diso
of the heir, by 29 Car. 2. c. 3. pensed with

ibid.
10.

503 And see SIGNATURE 8; WITNESSES
4. And also estates pur auter vie, ibid.

2-8, 16.
504

AUTER VIE.
ATTENDANT TERMS, 1. Estates pur auter vie, are devisable
Sce TERMS FOR YEARS.

by 29 Car. 2. c. 3. $ 12. 503

ibid.

§ 12.

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2. And shall be assets in the heir's | 7. Of the presumption from finding a

hand, &c. where there shall be no cancelled and an uncancelled will,
special occupant shall go to the exe-

375, note.
cutor

504 8. If testator makes duplicates and
3. Lord Vaughan's opinion as to the cancels one, the effect of the other
manner in which this estate comes to is destroyed

376
the heir

49
4. The course of the succession must CHARITABLE USES.

follow the inheritable nature of the 1. Favour shewn to charitable gifts
land
50 note.

214, 215
5. Whether an executor may be a 2. Assets not marshalled, in favour of
special occupant
53 a charity

226
6. Whether and to what purposes the 3. Where the mode of disposition is
statutes have changed the nature of undefined, it seems a purchase may

be
the estate

55 made for value by the trustees 227

3. A bequest to erect a charitable

foundation imports a purchase, and
B.
is void

229
4. How general charitable bequests,
BARON AND FEME.

without any specification of the ob-
See HUSBAND; MARRIED WOMEN ;

jects, are to be effected 230
WIFE.

5. And what is the legal notion of
charitable purposes

ibid. 291
BEQUEST.

And See MORTMAIN.
See LEGACY.

CHILDREN.
C.

1. Statute of 10 and 11 Wm. 3. c. 16.

concerning children in ventre sa
CANCELLING.

402, note.
1. Cancelling a will is an equivocal | 2. Of children in ventre sa mere, and

365 posthumous children 403, note.
2. If a testator make a second will, 4. Provisions for children. See Wills,

and in terms revokes the first, but
it appears that the revocation of the 5. What Equity understands by younger
first was only to give effect to the children

517,518, note.
second; the second will is no revo- And see MARRIAGE,

6,9
cation if ineffectual for want of the

366

CODICIL:
3. Cancelling or tearing a will must 1. A difference in the civil law, but

mere

act

71 et seq.

proper attestation

be done animo revocandi, to be an none in our law, as to publication,
effectual revocation of a will

between wills and codiciis, 154, note.

367, note. 2 If a testator ratisies and confirms
4. What tearing or burning is sufficient his will, he confirms it with every
to revoke

370 codicil which has been made to it,
5. What evidence is admissible to prove and if an intermediate codicil has
the intention

ibid, changed any part of it, it is confirm.
6. A cancelled will is not necessarily ed with these changes

388
revived by the destruction 3. Difference between a codicil and a
substituted will

373
will in this respect

ibid.
Z z

of a

4. In what sense a codicil is to be
understood as incorporated into and

COPYHOLDS.
making a part of the will 476 | 1. Not affected by the statutes of fraud
5. How and when a codicil operates as

or of wills

34, 36
a republication 490, et seq. 2. Opinions of Lords Macclesfield and

Hardwicke on this point

36, 39
And see LANDS, 4; WILL, 65, 66 | 3. Whether an appointment or declara-

tion of the uses of a copyhold sar.
COMMONS.

rendered, may be without writing, 40
See DEVISE 2.

4. Attested will of copyhold may be

revoked by an unattested will ibid.

5. How far such will, though operat-
CONSTRUCTION.

ing as an appointment or declaration
1. Loose construction of the statutes of partakes of the qualities of a will 41
wills

18, 21 6. After-purchased copyholds do not
2. Discretionary trusts, express trusts, pass by the antecedent will, unless

and words of recommendation and republished by a surrender 303
desire---how considered in Equity 7. Of the relation of the admittance to
231 the surrender

326
3. When words are prima facie suffi. 8 Of the necessity for the party's hav-

cient to pass future interests in per- ing the legal estate in him, at the
sonalty, that construction ought to time of his surrendering it to the use
prevail, unless controuled by the con- of his will

685, note
text

363
4. General rules for the construction
of wills, 428, 430, 131, note.

CREDITOR.
5. Of the distinctions between pre. 1. If lands are charged with payment

sumptions and positive rules of con- of debts, attestation of the will by a
struction

435, 436 note creditor is good, and he is a good
6. The rule in construing a bequest to witness to prove the execution,
relations
444, 446, note 25 G. 2. c. 6. 9 2.

509
7. Examples of rules of construction

not to be opposed by extrinsic See Dert, 2–4; Devise, 5, 6, 8;
evidence

446 LEGACY, 8-10
8. The word family' imports as de-

finite an object of devise as the word
relations'

459, note (3).
9. Of the lights reflected upon partick-

CUSTOM.
lar passages by the context 468 1. A will disposing of the equitable
10. The courts will sometimes look estate in customary freeholds, must

out of the instrument, and infer the be duly executed and attested 41
intention from the situation of the 2. But where there is a custom for
person or property

470 surrendering these equitable estates
11. Devise of Stock upon the farm,' to the uses of a will, they seem to be
carries what

617, note out of the statute of frauds
12. What is carried by the general 3. Wills of lands devisable by custom,
words, messuages, farms, lands

must be in writing

45
619, note
13. What estate or interest in lands See COPYHOLDS; London (custom of);
pass by what words

ibid.
York (custom of).

1

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D.

12. If a testator, having the legal

estate, devises it and then passes it
DEBT.

to trustees for himself and his heirs,
1, Actions for debt, under the statute, this is a revocation of a will 305

must be brought against the heir and 13. Devise of lands to executórs for
devisee jointly

249, 250

payment of debts, revoked by a sub-
2. Where a debtor gives to his creditor sequent conveyance to trustees for
a legacy exceeding or equal to the like

purpose

334, note,
amount of his debt, it is a satisfac- 14. If a will containing a general
tion of the debt

433, 434 devise of testator's estates be re.
3. Of the opposite influences of the published, an estate only contracted

conflicting rules, that a debtor is not for after such general devise will
to be presumed to make a gift to his pass

478
creditor, and that legacies imply a 15. If an estate be limited to B. and
bounty

434, note. his heirs, and B. die in the testator's
4. Equity prevents the extinction of a life-time, the devise lapses, and a

debt, by a devise to the debtor, and republication of the will does not
holds the interest to pass by a be- give to the heir of B. a claim by
quest of the personalty; and extrinsic

purchase

483
evidence to the contrary cannot be 16. So where the devise is of an estate
received

473 to a man and the heirs of his body,
See Devise, 5, 6, 8; EXECUTOR, 5, 6; succeeded by the words' “ and for
FRAUDULENT DEVISES 3, 4; LANDS, want of such issue"

484
6; PERSONAL ESTATE, 1, 2 17. If a devisee under the will attest

a will, the devise shall be void, and
DEVISE,

the attestation effectual, 25 G. 2.
1. Devise of a rent out of land must c. 6. Q 1.

509
be by will attested by three witnesses And see CHARITABLE USES 3, 4;

88 FRAUDULENT DEVISES 3, 4; REYO..
2. So of tolls, navigation-shares, com-

CATIOX; WILL.
mons, profits of stallage, petty cus-

toms, market, fair, piscary 89 DONATIO MORTIS CAUSA,
2. Devises to corporations void, in 1. Description of

11, note.
what cases

212, note; 214. note. 2. Its nature defined ibid. 12, note.
3. Of the statute of fraudulent devises, 3. What may be the subjects of a

243 donatio mortis causú 12, note
4. Excepting clause, its effect

245

4. Distinction between it and a legacy,
5. Devise for payment of debts out of

13, note.
the rents and profits only, within 5. What proof is necessary 14, note.

..
the exception

246
6. Secùs, where a devise for

payment

DURESS.
of debts does not provide for it in a 1. Duress vitiates a will

31
practicable manner

ilid.
7. Devise of lands as the law would ELECTION IN EQUITY.
give them, is roid

247, note. 1. An unexecuted will is not even of
8. Deyises of lands for payment of force in a Court of Equity to raise
debts favonred in Equity 248, note.

a case of election against a person
9. Contingent and executory interests taking a benefit in the personal estate
are devisable
296, note. by the same will

107
10. But a right of entry is not 298 2. But if in such unexecuted will tbere
11. All devises of lands are specific, 303 is a legacy to the heir, upon condition

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