A Concise Treatise on the Law of Copyhold Property: With Reference to the Various Alterations Effected by the Act for the Amendment of the Laws with Respect to Wills, and Other Recent Statutes Applicable Thereto; with an Appendix, Containing the Above Act, and an Analysis Thereof, and Some Forms of Copyhold AssurancesSaunders and Benning, 1837 - 219 pages |
From inside the book
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Page 31
... claim , by reason of an es- cheat of the equitable estate , since he only takes propter defectum tenentis . ( 4 ) ... claiming by escheat upon the death of a trustee without an heir . Accordingly , in the recent case of Attorney General v ...
... claim , by reason of an es- cheat of the equitable estate , since he only takes propter defectum tenentis . ( 4 ) ... claiming by escheat upon the death of a trustee without an heir . Accordingly , in the recent case of Attorney General v ...
Page 61
... claim to be admitted without the admission of A. being required . ( 1 ) ( 9. ) Of Conditional Surrenders by way of Mortgage : herein as to the Admission and Non - admission of Surrenderee ; of the Priority of Mortgagees ; of Forfeiture ...
... claim to be admitted without the admission of A. being required . ( 1 ) ( 9. ) Of Conditional Surrenders by way of Mortgage : herein as to the Admission and Non - admission of Surrenderee ; of the Priority of Mortgagees ; of Forfeiture ...
Page 68
... claim to be admitted , and will take by descent : ( 1 ) but the heir of an admitted copyholder is tenant before admittance against all persons except the lord , and may surrender before admittance , on satisfying the lord his fine : ( 2 ) ...
... claim to be admitted , and will take by descent : ( 1 ) but the heir of an admitted copyholder is tenant before admittance against all persons except the lord , and may surrender before admittance , on satisfying the lord his fine : ( 2 ) ...
Page 75
... claiming under him . ( 3 ) If one in the seisin , having covenanted to surrender to A. , afterwards surrender to B. as the assignee of A. , the lord will be compelled to admit B. on payment of a single fine . ( 4 ) But it is thought ...
... claiming under him . ( 3 ) If one in the seisin , having covenanted to surrender to A. , afterwards surrender to B. as the assignee of A. , the lord will be compelled to admit B. on payment of a single fine . ( 4 ) But it is thought ...
Page 98
... claiming under him can take , unless under some particular provision for that purpose . Alteration by new statute . Issue in tail may take , lifetime . The law is now altered , in respect to real estate , in favour of the issue of a ...
... claiming under him can take , unless under some particular provision for that purpose . Alteration by new statute . Issue in tail may take , lifetime . The law is now altered , in respect to real estate , in favour of the issue of a ...
Common terms and phrases
admission Adol aforesaid afterwards amendment ancient demesne assigns bankrupt bargain and sale borough-English codicil common law conveyance coparceners copy of court copyhold estate copyhold lands copyhold or customary copyhold property court baron Court of Equity court rolls Cress custom customary freehold customary heir customary or copyhold death deed descent devise disposed disposition East election enfranchisement entitled equitable estate escheat estate tail estates pur autre executed executor extinguished Fearne C. R. feme covert forfeiture free-bench further enacted gavelkind Gilb grant held hereditaments heriot hold husband and wife Indenture infant inheritance joint tenants leasehold estates limitation Litt lord lord's lunatic mainder manor ment mode mortgage payable payment personal estate privileged copyholder pur autre vie purchase real estate recent statute recovery render rent respect resulting trust revoked section enacts seised seisin special occupancy steward surrenderee tenant in tail tenements thereof Tofield vested Watk
Popular passages
Page 8 - ... will; but the will, with such alteration as part thereof, shall be deemed to be duly executed, if the signature of the testator, and the subscription of the witnesses be made in the margin or on some part of the will...
Page 7 - That if any person shall attest the execution of any will to whom or to whose wife or husband any beneficial devise, legacy, estate, interest, gift, or appointment, of or affecting any real or personal estate...
Page 11 - ... shall not lapse, but shall take effect as if the death of such person had happened immediately after the death of the testator, unless a contrary intention shall appear by the will.
Page 3 - That it shall be lawful for every person to devise, bequeath, or dispose of, by his will executed in manner hereinafter required, all real estate and all personal estate which he shall be entitled to, either at law or in equity, at the time of his death...
Page 97 - Devise shall be construed to vest in such Trustee the Fee Simple, or other the whole legal Estate which the Testator had Power to dispose of by Will in such Real Estate, and not an Estate determinable when the Purposes of the Trust shall be satisfied . XXXII.
Page 1 - King Charles the Second, intituled An act for taking away the court of wards and liveries and tenures, in capite and by knights service, and to any other testamentary disposition; and the words "real estate...
Page 2 - person" shall extend to a partnership, or body politic, corporate, or collegiate, as well as to an individual ; and every word importing the singular number only shall extend and be applied to several persons or things...
Page 1 - will" shall extend to a testament, and to a codicil, and to an appointment by will or by writing in the nature of a will in exercise of a power...
Page 83 - ... if this act had not been made, or notwithstanding that the same, in consequence of there being a custom that a will or a surrender to the use of a will should continue in force for a limited time only, or any other special custom, could not have been disposed of by will...
Page 2 - ... to estates pur autre vie, whether there shall or shall not be any special occupant thereof, and whether the same shall be freehold, customary freehold, tenant right, customary or copyhold, or of any other tenure, and whether the same shall be a corporeal or an incorporeal hereditament...