v. Eden (16 L. T. Rep. 152), where a testator made his will in 1813, giving all the residue, &c. of his personal estate, &c. to his brother A., whom he appointed executor, he also gave and devised all and singular his manors, &c., lands, tenements, tithes, and hereditaments, situate at, &c., and all other his real estate, &c., to B. A. died in 1814, and in July of that year the testator made a codicil appointing another executor, and ratified and confirmed his will. It was held by the Court of Exchequer that the will having been thus republished by the codicil in July 1841, must, according to the provisions of sect. 34 of the Wills Act (1 Vict. c. 26), be deemed to have been made at that date, and consequently was governed by the 26th section of that statute, which enacts that a general devise of lands shall include leasehold as well as freehold lands; and therefore that the leaseholds passed under this will, which but for that act they could not have done in those cases where the testator was possessed both of freehold and leasehold property, unless the will itself contained some expressions denoting an intent to include both kinds of property under the same denomination: (Knotsford v. Gardiner, 2 Atk. 450.)
of purchase money sometimes allowed by way of compensation for
defect in quantity or quality of the estate contracted for, 13; of
legacies: (see Legacies.)
in leasehold property or other chattel interests, will pass when limited
in such terms as would create an estate tail in the case of free-
holds, 808
mortgagor has no right to compel mortgagee to furnish or produce,
13; if supplied by mortgagee, his solicitor is entitled to prepare it
at mortgagor's costs, 14; how clause relating to the delivery of,
to purchaser, ought to be penned, 39; time at which it is to be
delivered ought to be specified in contract or conditions of sale,
39; precautions to be taken by vendor respecting, where his title
is a doubtful one, 39; practical suggestions as to the delivery of,
39; course of proceeding to be adopted to get it referred to counsel
where property is sold under a decree or order of the Court of
Chancery, 60
OF THE PREPARATION OF THE ABSTRACT:
preparation of, devolves upon vendor's solicitor, 101; practical sug-
gestions relative to the preparation of, 101-110; as to the fair
copying of, 102; how it ought to be headed, 102; as to the root
or origin of the title, 103; what are the proper documents of title
for it to commence with, 105; pedigree ought to accompany, when,
106; how to be prepared in the case of advowsons, 106; as to
tithes, 106, 107; reversionary estates and interests, 107; terms of
years, 107; enfranchised copyholds, 107, 108; renewed leases,
108; mining shares, 108; mines, 108; when a double will be
necessary, 109, 110; attendant terms should be set out in, 110-
119; order when, and manner in which, the several documents
should be set out in, 110-116; as to leaseholds, 111; copyholds,
111, 112; how the several clauses in the various documents should
be abstracted, 112; how wills should be abstracted, 112, 113;
Acts of Parliament, 112, 113; how the several parties to a deed
should be described in, 113, 114; propriety of setting out amount
of stamp duties of each assurance opposite to its date in the margin,
114; as to the recitals contained in the various instruments, 114;
testatum clause, 115; granting clause, 115; how abstracted where
there is more than one distinct granting clause, 115; where parties
convey in any particular manner, or in any particular character,
it should be so stated, 115; how parcels should be described in, 115;
exceptions, how to be set out in, 115; as to the habendum clause,
116; reddendum clause, 116; how declaration of uses ought to be
abstracted, 116, 117; trusts and powers, 117; as to clause of in-
demnity to purchasers, 117; proviso for redemption, 118; for
cesser of terms, 118; how covenants ought to be abstracted, 118;
as to the attestation clause, and memorandum of receipt of con-
sideration money, 118, 119; how manner in which livery of seisin
has been given ought to be set out in, 119; judgments, 122; de-
crees and decretal orders, 122; letters of administration, 123;
proceedings in bankruptcy or insolvency, 123; cancellation of any
instrument ought to be noticed in, 124; how statement at the foot
should be penned, 125
DELIVERY OF THE ABSTRACT:
when to be delivered if no particular time be appointed, 126; pur-
chaser's solicitor ought to demand, if it be not delivered in proper
time, why, 126; vendor may be compelled to furnish, 127; course
vendor's solicitor ought to pursue when purchaser refuses to
receive abstract on the ground that it was not furnished him in
proper time, 127
as to the perusal of by purchaser's solicitor, 127-131; practical
suggestions relative to the investigation of the title, 129-131;
expediency of making an analysis to assist the investigation, 129;
as to inquiries which ought to be made where any important docu-
ments are omitted in, 129; bare statements ought never to be relied
on, 129; how requisitions and inquiries are to be inserted in
margin of, 130-132, 135; as to costs of purchaser's solicitor for
perusing, 131; should be submitted to counsel, when, 131; liabi-
lity which purchaser's solicitor incurs by omitting to submit to
counsel, 132; how exonerated from all liability by submitting to
counsel, 132; copy of contract or conditions of sale should be
transmitted to counsel, when, 132; approval of title by counsel
as appears from abstract, no waiver of objections to title otherwise
disclosed, 135; of the evidence purchaser's solicitor is entitled to
in verification of, 141
COMPARISON OF DOCUMENTS WITH ABSTRACT:
expediency of comparing documents with, before submitting it to
counsel, 153, 154; vendor bound to produce all documents in veri-
fication of, 154; best mode of comparing documents with, 155;
purchaser has no right to call for proof of execution of abstracted
documents, 156; it must be ascertained that all acknowledgments
required to be made by married women have been duly made
accordingly, 156; also that all instruments requiring stamps have
the proper stamps impressed upon them, 156; propriety of noting
amount of stamp in margin opposite to the date of the documents
to which they relate, 157; when necessary to call for the produc-
tion of leases, 157; duties of purchaser's solicitor when he discovers
any discrepancy between abstracted documents and abstract, or any
other defects of title, 157, 158; to whom the property in the
abstract belongs, 172
how to be taken as between mortgagor and mortgagee, 454, 455;
how as between partners in trade: (see Partnership Deeds.)
of married women, how expenses of should be provided for in con-
tracts and conditions of sale, 45; it must be ascertained that all
such as are required to be made by married women have been duly
made by them accordingly, 156; as to proof of, which purchaser is
entitled to require, 156; practical observations relative to covenants
for making, 324; statutory enactments relating to, 240; before
whom they must be made, 240; persons taking, required to sign
memorandum of, 240; as to qualification of commissioners taking,
240, 241; how examination must be conducted, 241; course of
proceeding necessary to be adopted when they are to be made by a
married woman residing abroad, 241; by whom the costs of, are
to be defrayed, 242; in what particular instances the concurrence
of the husband may be dispensed with, 242; as to copyholds, 248
ACT OF PARLIAMENT :
how usually abstracted, 113, 121; how proved, 148
parties liable to, who at the time of sale use disparaging terms with
respect to the property, 77; penal rents may be recovered by,
when, 497; as to remedies by way of: (see Breach of Contract.)
ADDITIONAL PROPERTY:
how deed of further charge or transfer of mortgage ought to be pre-
pared when this is added to the security, 421, 430, 431; expediency
of authorizing mortgagee to redeem in parcels under such circum-
stances, 423; necessary precautions where household furniture or
other moveable property forms the additional security, 424
practical observations relating to the reservation of, 526; how red-
dendum clause for ploughing-up of old meadow land ought to be
penned, 526; by way of penalty not liable to additional ad valorem
duty, 556
how letters of, ought to be set out in abstract, 122
as to powers of disposition by, 203; will not generally take bene-
ficially under a bequest made to them in that character, 747
AD VALOREM DUTIES: (see Stamp Duties.)
proper course to adopt with respect to, upon the sale of property, 23;
how to be prepared where a sale is to be made under a decree or
order of the Court of Chancery, 24
a proviso is sometimes introduced into separation deeds for deter-
mining settlement in case wife shall commit, 617
practical suggestions relative to the investment of purchase money
upon the sale of presentation to, as an indemnity for a contingent
title in the vendor, 68; as to titles to, 106; profits of, incapable
of being mortgaged, 318; under what circumstances mortgage of,
will be permitted, 319; practical directions for preparing mortgage
of, 352
of acknowledgment by a married woman should accompany the ac-
knowledgment, 241; practical directions for preparing, 241
AFTER-ACQUIRED PROPERTY:
best course to adopt to confer the benefit upon mortgagee of household
furniture or other moveable chattel property, 412; how marriage
articles relating to ought to be penned, 577, 586; directions for
preparing provisions for the settlement of, in separations deeds
610, 612; will pass under a general devise of all the testator's real
estate, 761; how bill of sale of chattels should be penned when
intended to embrace, 413
notice to, considered notice to principal, when, 48, 49; employing
vendor's solicitor to prepare purchase deed will constitute him such,
on the part of the purchaser also, 48, 49; as to agreements entered
into by, 61, 98; when agreement is signed by, it should be stated
that he signs in that capacity, 61, 540
practical suggestions as to the penning of, 61-74; as to the heading
of, 61; how, when entered into by an agent, 61; as to the penning
of, on the part of the purchaser, 62; usual stipulations as to title
to be contained in, 62; when recitals in ancient documents are to
be treated as conclusive evidence, 62; as to the preparation of the
conveyance, 62; clause for rescinding contract, 62; time may be
made part of the essence of, when, 63; as to special stipulations to
be contained in, 64; as to arrangements with respect to the pay-
ment of the purchase money, 64; where vendors are tenants in
tail, 69; payment of liquidated damages for breach of, does not
dissolve contract, 71; whole of terms of, ought to be reduced inte
writing, 74; what will constitute a valid, in sales by auction, 77,
78; under what circumstances an unwritten contract may be sup-
ported, 92, 93; what part performance of, will render writing
unnecessary, 95, 96; when informal instrument will constitute a
valid, 97; what will amount to a sufficient signature of, 97, 98;
when signing by a witness will be considered a sufficient signature,
98; party signing will be bound by, although it is unsigned by the
other party, 98, 99; copy of, should be forwarded, with abstract,
to counsel, 131; as to agreements for mortgages (see Mortgage);
as to agreements for leases (see Leases); as to agreements relating
to partnerships (see Articles of Partnership.)
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