Copyright, 1893,

BY LITTLE, Brown, and COMPANY.

265397

UNIVERSITY PRESS:

JOHN WILSON AND SON, CAMBRIDGE.

TABLE OF
OF CONTENTS.

VOL II.

CHAPTER XXVII.

CONDITIONS.

II.

Period allowed for performing Conditions.

III. Of Conditions incapable of Performance

IV. Of Conditions void for Repugnancy, generally

PAGE

SECT. I.

Conditions whether Precedent or Subsequent

841

848

849

854

855

864

877

.

879

V. Conditions restrictive of Alienation

VI. Conditions to defeat Estate on Bankruptcy, Insolvency, &c.

VII. Conditions avoiding Life Interests on Voluntary Alienation

VIII. Restraint on Anticipation by Married Woman

IX. Conditions in Restraint of Marriage, and as to such Condi-

tions being in terrorem only - What amounts to a Per-

formance of Conditions requiring Consent, &c.

X. Conditions as to changing or assuming a Name

GIFTS TO THE HEIR AS PURCHASER (WITHOUT ANY ESTATE IN THE ANCESTOR).

II. Gifts to the Heir with superadded Qualification

III. The word" Heir," when construed to mean "Heir Apparent" 915

IV. The word "Heir" explained by the Context to denote a

Person who is not the Heir-general..

920

V. Construction of the word “ Heir,” varied by the nature of the

property

922

VI. The words " Heirs" or "Heirs of the Body," when construed

to mean "Children "

VII. Period at which the Object of a Devise to the Heir is to be

ascertained.

931

VI.

(2) Gifts to Executors, when annexed to the office 966

Relations

972

VII.

At what period Relations, Next of Kin, &c., are to be ascer-

tained

981

VIII. Gifts to Persons of Testator's Blood or Name

993

CHAPTER XXX.

DEVISES AND BEQUESTS TO CHILDREN.

SECT. I. Who are included in the expressions "Children," "Grand-

II.

III.

Gifts to classes of Nephews, Nieces, Cousins, &c.

What Class of Objects as to period of Birth “Children' com-

prehends generally . .

1006

. . 1008

IV.

Class of Objects comprehended where the Gift is immediate 1010

V. Class of Objects comprehended where there is an anterior Gift 1011

VI.

where Possession is postponed

till a given age . . . 1015

VII. Effect where no Object exists at the Time when the Gift falls

VIII. Effect of words "born," "begotten" or "to be born," &c. . 1031

As to Children en ventre

XII. Whether Children take per stirpes or per capita

XIII. Limitation over, as referring to having or leaving Children 1055

XIV. Gifts to younger Children

.

XV. Gifts to "eldest," "first," or "second

"Son

1058

1071

CHAPTER XXXI.

DEVISES AND BEQUESTS TO ILLEGITIMATE CHILDREN.

SECT. I. Illegitimate Children in existence when the Will is made

capable of taking. What is a sufficient Description

PAGE

1076

. 1102

1107

. 1114

SECT.

CHAPTER XXXII.

JOINT TENANCY, AND TENANCY IN COMMON.

I. Joint-tenancy, Tenancies by Entireties, and Tenancy in

Common

II. What words create a Tenancy in Common

III. Lapse and other Miscellaneous Questions

. 1115

1121

. 1128

CHAPTER XXXIII.

ESTATES IN FEE WITHOUT WORDS OF LIMITATION.

SECT. I. Enlargement of indefinite Devises under the Old Law by

Charges of Debts, &c., Devises over, or Use of Particular

Words.

II. Effect of Stat. 1 Vict. c. 26, s. 28

CHAPTER XXXIV.

ESTATES OF TRUSTEES.

SECT. I. When Trustees take the Legal Estate: -

(1) General Principles.

1137

(2) Legal Estate by Implication from Direction to ap-

SECT. II. Determination of Quantity of Estates of Trustees :-

(1) General Principles.

(2) Effect of Devise "to Use of " Trustees

to pay Debts, &c.

(4) As to Devises to Trustees to preserve Contingent

Remainders

PAGE

1155

1157

1160

1162

(5) Enactments of the Statute 1 Vict. c. 26, ss. 30, 31. 1165

SECT.

SECT.

CHAPTER XXXVI.

RULE IN SHELLEY'S CASE.

I. The Rule as Applied to Direct Limitations:

(1) Nature of the Rule.

(2) What is a Sufficient Estate of Freehold in the

Ancestor

(3) What Limitations to the Heirs are sufficient

(4) Questions where one or all of the Limitations

relate to several Persons

II. The Rule as applied to Executory Limitations.

III. Practical Effect of the Rule considered

CHAPTER XXXVII.

WHAT WILL CONTROL THE WORDS "HEIRS OF THE BODY."

I. Superadded Words of Limitation

II. Words of Modification inconsistent with an Estate Tail.

III. Words of Limitation and of Modification combined

IV. Effect of clear Words of Explanation.

CHAPTER XXXVIII.

"CHILDREN," "CHILD," "SON," "DAUGhter,' WHERE WORDS

OF LIMITATION.

SECT. I. Rule in Wild's Case

II. "Child," "Son" " Daughter," &c., where used as nomina

collectiva