ACCUMULATION, ́
1. By 39 and 40 Geo. 3. c. 98, No person, by deed or will, &c. shall settle or dispose of any real or per- sonal property, in such manner that the rents or produce shall be accu- mulated for a longer term than there- in mentioned; and any other direc- tion shall be void, and the rents go to the persons entitled thereto, Sec. 1. 514 2. Nothing therein to extend to provi- sions for payment of debts, or for raising portions for children, or touching timber, § 2. 515 3. Nor to any disposition of heritable property in Scotland, 3. 4. When restrictions shall take effect with respect to wills made before the passing of that act, 64. ibid. 5. Clauses directing accumulation, 541, 561
6. Determinations of the courts upon the accumulation act
1. Of the relation, in respect to copy- holds, of the admittance to the surrender, 326, 685 note.
Revocation in Equity by articles to sell 11. If one of the witnesses be dead,
for valuable consideration
1. Assets will not be marshalled in favour of a charity, 226 2. Assets-equitable or legal-what, 247, 248 and notes. 3. Trusts shall be assets in the hands of the heir, by 29 Car. 2. c. 3. $ 10. 503 4. And also estates pur auter vie, ibid. $12.
ATTENDANT TERMS,
See TERMS FOR YEARS.
proof of his handwriting is admitted
188 12. So if one of the witnesses be be- yond sea
13. Or have become insane 14. And where a will is old, and no account of a witness's handwriting can be obtained, such proof is dis- pensed with ibid. And see SIGNATURE 8; WITNESSES 2-8, 16.
1. Estates pur auter vie, are devisable by 29 Car. 2. c. 3. § 12. 503
2. And shall be assets in the heir's | 7. Of the presumption from finding a
hand, &c. where there shall be no special occupant shall go to the exe-
cancelled and an uncancelled will,
If testator makes duplicates and cancels one, the effect of the other is destroyed
3. Lord Vaughan's opinion as to the manner in which this estate comes to the heir
4. The course of the succession must
follow the inheritable nature of the 1. Favour shewn to charitable gifts
land 50 note. 5. Whether an executor may be a special occupant 6. Whether and to what purposes the statutes have changed the nature of the estate 55
214, 215 2. Assets not marshalled, in favour of a charity
3. Where the mode of disposition is undefined, it seems a purchase may made for value by the trustees 227 3. A bequest to erect a charitable foundation imports a purchase, and is void 4. How general charitable bequests, without any specification of the ob- jects, are to be effected 5. And what is the legal notion of charitable purposes ibid. 231
And See MORTMAIN.
1. Statute of 10 and 11 Wm. 3. c. 16. concerning children in ventre sa 402, note.
2. Of children in ventre sa mere, and posthumous children 403, note. Provisions for children. See Wills, 71 et seq.
5. What Equity understands by younger children 517,518, note,
And see MARRIAGE,
1. A difference in the civil law, but none in our law, as to publication, between wills and codicils, 154, note. 2 If a testator ratifies and confirms his will, he confirms it with every codicil which has been made to it, and if an intermediate codicil has changed any part of it, it is confirm- ed with these changes 389 3. Difference between a codicil and a will in this respect ibid. Ꮓ Ꮓ
1. Not affected by the statutes of fraud or of wills 34, 36 2. Opinions of Lords Macclesfield and Hardwicke on this point 36, 39 3. Whether an appointment or declara- tion of the uses of a copyhold sur- rendered, may be without writing, 40 4. Attested will of copyhold may be revoked by an unattested will ibid. 5. How far such will, though operat- ing as an appointment or declaration partakes of the qualities of a will 41 6. After-purchased copyholds do not pass by the antecedent will, unless republished by a surrender 303 Of the relation of the admittance to the surrender
Of the necessity for the party's hav- ing the legal estate in him, at the time of his surrendering it to the use of his will 685, note
1. Actions for debt, under the statute, must be brought against the heir and devisee jointly 249, 250 2. Where a debtor gives to his creditor a legacy exceeding or equal to the amount of his debt, it is a satisfac- tion of the debt 433, 434 3. Of the opposite influences of the conflicting rules, that a debtor is not to be presumed to make a gift to his creditor, and that legacies imply a bounty 434, note.
4. Equity prevents the extinction of a debt, by a devise to the debtor, and holds the interest to pass by a be- quest of the personalty; and extrinsic evidence to the contrary cannot be received 478 See Devise, 5, 6, 8; EXECUTor, 5, 6; FRAUDULENT DEVISES 3, 4; LANDS, 6; PERSONAL Estate, 1, 2.
1. Devise of a rent out of land must be by will attested by three witnesses
2. So of tolls, navigation-shares, com- mons, profits of stallage, petty cus- toms, market, fair, piscary 89 2. Devises to corporations void, in what cases 212, note; 214 note. 3. Of the statute of fraudulent devises, 243
4. Excepting clause, its effect 5. Devise for payment of debts out of the rents and profits only, within the exception 6. Secùs, where a devise for payment of debts does not provide for it in a practicable manner ilid.
7. Devise of lands as the law would give them, is void 247, note.
8. Devises of lands for payment of debts favoured in Equity 248, note. 9. Contingent and executory interests are devisable 296, note. 10. But a right of entry is not 298 11. All devises of lands are specific, 303
12. If a testator, having the legal estate, devises it and then passes it to trustees for himself and his heirs, this is a revocation of a will 305 13. Devise of lands to executors for payment of debts, revoked by a sub- sequent conveyance to trustees for like purpose 334, note. If a will containing a general devise of testator's estates be re- published, an estate only contracted for after such general devise will pass 478 15. If an estate be limited to B. and his heirs, and B. die in the testator's life-time, the devise lapses, and a republication of the will does not give to the heir of B. a claim by purchase 483 16. So where the devise is of an estate to a man and the heirs of his body, succeeded by the words" and for want of such issue"
484 17. If a devisee under the will attest a will, the devise shall be void, and the attestation effectual, 25 G. 2. c. 6. § 1. 509 And see CHARITABLE USES 3, 4; FRAUDULENT DEVISES 3, 4; Revo- CATION; WILL.
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