Vide and of

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

516

6. Determinations of the courts upon
the accumulation act

ADEMPTION,

See Legacy,

ADMITTANCE,

678 note.

5-7

1. Of the relation, in respect to copy-
holds, of the admittance to the
surrender,
326, 685 note.

for valuable consideration

' 315

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.

504

proof of his handwriting is admitted

188
12. So if one of the witnesses be be-
yond sea

ibid.
190

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.

AUTER VIE.

1. Estates pur auter vie, are devisable
by 29 Car. 2. c. 3. § 12. 503

cutor

cancelled and an uncancelled will,

375, note.

If testator makes duplicates and
cancels one, the effect of the other
is destroyed

376

CHARITABLE USES.

214, 215
2. Assets not marshalled, in favour of
a charity

226

be

229

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.

CHILDREN.

230

1. Statute of 10 and 11 Wm. 3. c. 16.
concerning children in ventre sa
402, note.

mere

2. Of children in ventre sa mere, and
posthumous children 403, note.
Provisions for children. See Wills,
71 et seq.

4.

5. What Equity understands by younger
children
517,518, note,

And see MARRIAGE,

CODICIL.

6,9

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

COPYHOLDS.

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

7.

8

326

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

D.

DEBT.

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.

DEVISE,

1. Devise of a rent out of land must
be by will attested by three witnesses

88

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

245

246

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

14.

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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