31. Where any Real Estate shall be devised to a Trustee, without any express Limitation of the Estate to be taken by such Trustee, and the beneficial Interest in such Real Estate, or in the surplus Rents and Profits thereof, shall not be given to any Person for Life, or such beneficial Interest shall be given to any Person for Life, but the Purposes of the Trust may continue beyond the Life of such Person, such 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.

Appendix.

Trustees under an

unlimited
Devise,
where the
endure beyond
the Life of a
Person bene-
ficially entitled
for Life, to
take the Fee.

Trust may

Devises of
Estates Tail

32. Where any Person to whom any Real Estate shall be devised for an Estate Tail or an Estate in quasi Entail shall die in the lifetime of the Testator leaving Issue who would be inheritable under such Entail, and any such Issue shall be living at the Time shall not of the Death of the Testator, such Devise shall not lapse, but shall lapse. 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.

Gifts to Children or other Issue Issue living at the Testator's Death shall

who leave

33. Where any Person being a Child or other Issue of the Testator to whom any Real or Personal Estate shall be devised or bequeathed for any Estate or Interest not determinable at or before the Death of such Person shall die in the Lifetime of the Testator leaving Issue, and any such Issue of such Person shall be living at the Time of the Death of the Testator, such Devise or Bequest shall not lapse, but shall take effect as if the Death of such Person had happened not lapse. immediately after the Death of the Testator, unless a contrary Intention shall appear by the Will.

nor to Estates

34. This Act shall not extend to any Will made before the First Act not to Day of January, One thousand eight hundred and thirty-eight, and extend to every Will re-executed or republished, or revived by any Codicil, Wills made shall for the Purposes of this Act be deemed to have been made at the time at which the same shall be so re-executed, republished, pur autre vie or revived; and this Act shall not extend to any Estate pur autre vie of any Person who shall die before the First Day of January, One thousand eight hundred and thirty-eight.

35. This Act shall not extend to Scotland.

of Persons who die

before 1838.

Act not to extend to Scotland.

INDEX.

A.

ABATEMENT,

whether rent-charge abates if part of land lost, 442, 443
of legacies, 737-739

what are legacies for purpose of, 737

how the value of annuities calculated, 446, 737, 738
legacies for valuable consideration have priority, 738
legacy in lieu of dower, ib.

legacy to wife to be paid at once, ib.

time of payment creates no priority, ib.

99 66

use of words" firstly,' secondly," in introducing legacies, ib.
legacies on supposition of a surplus, 739

legacies for life applicable after death of tenant for life, ib.
legacies given out of residue, ib.

legacies given as part of residue, ib.

between general and residuary legatees, 739, 740

legacies have priority over residue, 739

fund set apart to pay annuities, ib.

direction for abatement, 740

loss of assets falls on residue, ib.

waste of assets after some legacies paid, ib.

ABSOLUTE GIFT

where there is, a direction to accumulate beyond majority is
invalid against donee, 538

where there is, conditions postponing enjoyment are void, 552
qualifications of, which are void for remoteness, may be rejected,
531

ABSOLUTE INTEREST IN PERSONALTY, 423-441

what passes an,

words of limitation to pass,

executors, 423

heir, heirs of the body, 304, 423-425

Issue, 425-427

gift of the income of property when it passes, 427, 428
power of disposition, when it gives, 428, 429

effect of subsequent restrictions upon, 430, 431
distinguished from a trust, 431-436. See TRUST.
legacies to be applied for legatee's benefit, 438
discretionary trusts, 439-441.

See DISCRETIONARY TRUSTS.

cannot be given in succession, 565
implication of, 646-649. See IMPLICATION.

T.W.

3 c

ACCELERATION

of power to sell reversion, 398

of power of leasing, 409

not affected by Thellusson Act, 539

takes place where the tenant for life is incapable of taking, 693

694

by revocation or forfeiture, 694

may alter class to take, ib.

person in remainder not in existence, ib.

distinction between powers of sale and of charging as regards, ib.
no distinction between devises and appointments as regards, ib.
intention not to accelerate gift in default of appointment, ib.

ACCRUER, 581-583

clause of, will not pass accrued shares, 581

intention that accrued are to go with original shares, 582
consolidation of original and accrued shares, ib.

words applicable to accrued shares, ib.

his or her share or shares, ib.

share and shares and interest, ib.

where the fund is treated as entire at the time of distribution, ib.
with benefit of survivorship, 583

gift over of the whole fund, ib.

where the gift is residuary, ib.

restrictions of original do not extend to accrued shares, ib.
appointment may operate in accrued share, ib.

repeated operation of cross limitations, ib., 651

ACCUMULATION, 534-540

of income of legacies, who entitled to, 168, 169, 413, 416
of rents from mines may pass with surface, 185

of past years when applicable to maintenance, 413
trust for, during minorities of tenants in tail void, 523
for payment of debts is valid, ib.

till the fund reaches a certain sum when valid, ib.
trust for, beyond limits of perpetuity is void, 534
effect of the Thellusson Act, ib.

effect of Accumulations Act, 1892, ib.

property given so as to involve, is within the statute, 535
owing to neglect of trustees to apply money at once is not, ib.
direction to keep up policies on the lives of children is not, ib.
trust to repair and improve is not, ib.

testator may select any one of the periods allowed, ib.

period of twenty-one years runs from the testator's death, ib.
period of minority runs only from the birth of the minor, ib.

whether allowable during minority of person not born at testator's
death, ib., 536

direction for, during lives, ib.

till policies fall in, ib.

beyond the limits of the statute is void pro tanto, ib.

for payment of debts is excepted from the statute, ib.

direction for payment of debts out of annual income, ib.

portions for children of testator or beneficiary are excepted, 537

what interest the parent must take, ib.

what portions are within the exception, ib.

fund to be accumulated and given to children living when accumu-
lation ceases, is not a portion, ib.

nor is fund to be accumulated and given to parent for life, and
then to his children, ib.

ACCUMULATION-continued.

aggregate fund, 537

to pay portions charged by another instrument, 538

portions created by the will are within the exception, ib.
legatee having vested right may stop at twenty-one, ib.
direction for, invalid as against charity, ib.

legatee may not stop, where others have an interest in proceeds, ib.
destination of excessive, ib.

the statute does not accelerate any gifts in the will, 539
of non-residuary fund forms part of capital of residue, ib.
excessive, of residue goes to heir or next of kin, ib.

income of, whether it forms part of capital or residue, ib.
title to accumulated fund given over in certain events, ib.

ACKNOWLEDGMENT,

of signature to will, 28-30

of person as heir, effect of, 301

ACREAGE,

description by, effect of, 111, 199

ACTION FOR ADMINISTRATION. See ADMINISTRATION ACTION.

ACTUAL

gift over before actual payment or receipt, 609-611

meaning of actual seisin, actual possession, 631

ADDITIONAL LEGACIES, 134-138, 652, 658. See CUMULATIVE
LEGACIES.

ADDITIONS

made in will, rules as to, 33-36

gift in addition to non-existing gift, 652, 653

made to gift in mistake as to fact, 658

ADEMPTION,

by sale before date of will, 122

effect of sale and subsequent repurchase, ib., 123

confirmation by codicil, 123

whether specific legacy must be liable to, 127

I. By subsequent dealings with property given by the will,