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some other expressions conveying with reasonable certainty the existence of the intention in question. In other words, it was designed by the statute to do away with the revival of wills by mere implication (k). Therefore the fact that a codicil refers to a previous revoked will is not a sufficient indication of an intention to revive that will, when it appears from the codicil itself that the reference to the will was made by mistake (1). Neither can a codicil revive a will which has been destroyed with the intention of revoking it, for in that case the will has ceased to exist both in law and in fact, and a will or codicil cannot incorporate, or revive, a document which has no existence at the time when the will or codicil is executed (m).

Lastly, it may be mentioned that, just as a codicil is not necessarily revoked by the revocation of the will to which it belongs, so it is not, after having been revoked, revived by another codicil reviving the will, unless the subsequent codicil shows an intention to revive the revoked codicil as well as the will (n). the other hand, a codicil revoking part of a will is not, in its turn, revoked by a subsequent codicil confirming the will the effect of the subsequent codicil being to confirm the will only so far as is consistent with the revoking codicil (0).

(k) Re Steele, L. R. 1 P. & M. 575, 578.

(1) Re Wilson, L. R. 1 P. & M. 582.

(m) Hale v. Tokelove, 2 Rob. 318; Newton v. Newton, 5 L. T. (N.S.) 218; Rogers v. Goodenough, 2 Sw. & Tr. 342, 350.

(n) Re Reynolds, L. R. 3 P. & M. 35.

(o) Green v. Tribe, 9 Ch. D. 231.

INDEX.

ABSTRACT-

Definition of an, 322.

Condition of sale as to sending in requisitions after delivery of the,
338.

Vendor must deliver a perfect, ib.

ACCOUNT-

Between mortgagor and mortgagee, when taken with rests, 264.
Money lent on a joint, belongs now to survivor both at law and in
equity, 388.

ACCUMULATION—

Of income, restrictions on, 219.

ACKNOWLEDGMENT-

By married woman, to bar an estate tail, 124.

Written, extends time for recovery of land, 146.

Of mortgagee's rights to principal and interest, 259, 260.

Required by Statutes of Limitation, need not be formal, 260.

Of mortgagor's title, by a mortgagee, 265.

Of mortgagor's title, by a trustee who is one of several mortgagees,
268.

Of mortgagee's title, by mortgagor, 273, 274.

Of right to production of title-deeds, 358.

Of a will, by the testator, witnesses must be present at the, 420.

ADMINISTRATOR-

Of a lessee, how protected, 66.

Of a tenant for life, must remove fixtures within a reasonable time,
106.

Of a tenant for life, is entitled to emblements, III.
Of a tenant in tail, right of to remove fixtures, 115.
Of a tenant in tail, is entitled to emblements, 127.

ADMITTANCE-

New tenant of a manor requires, 162.

Surrender and, theory of, ib.

Enactments relating to surrender and, 162-165.

Of tenant of manor, may take place within or without the manor,
and without holding any court, 164.

Of new tenant, to be immediately inrolled, ib.

ADMITTANCE-(continued.)

When made, dates back to surrender, 165.

Lord cannot compel, of a purchaser of copyholds, 166.
Of heir of copyholder, may be compulsory, 167.

Fine payable on, to several copyhold tenements, 168.

Fine payable on, of more than one tenant, to copyholds, 168.

Fine payable on, of tenant for life and remainder-man to copy holds, ib.

Fine payable on, of joint tenants to copyholds, 169.

Fine payable on, of heir or devisee of an unadmitted copyholder, ib.

ADVANCEMENT-

Power of, in a marriage settlement, 409.

AGREEMENT-

For sale of any interest in land, must be in writing, 314.

For sale of land, what must be contained in an, ib.

For sale, need not be contained in one document, 316.

For sale, parol evidence when admissible to prove terms of an, ib.
For sale, when enforced on the ground of part performance, 317.
For sale, signature to an, ib.

Difference between an, and Conditions of Sale, 319.

For a lease, two kinds of, 359.

For a lease, must, as a rule, be in writing, 360.

For a lease, may be enforced on the ground of part performance, ib.
Express, for leases not usually desirable, 361.
Stipulations to be inserted in, for leases, ib.

For a lease, should be stated to be such, ib.

For a lease, should specify all the covenants to be inserted in the
lease, ib.

For a lease, may arise by operation of law, 363.

AIDS-

Definition of, 15.

At first voluntary but afterwards regular incidents of tenure, ib.
Abolished, 21,

ALIEN-

May now acquire and hold land like a natural-born British subject,
132.

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ANCIENT DEMESNE-

What are lands of, 14.

Villein Socage called also tenure by, ib.
Probable origin of, ib.

APPOINTMENT-

General devise may be exercise of general power of, 224.

APPORTIONMENT—

No, formerly, on death of tenant for life, 108.
Statutes relating to, 108, 109, 110.

Act 1870, applies to all instruments whether coming into operation
before, or not until after, its passing, ib.

Of rent on lease made by a tenant in tail, 126.
Of rent reserved by tenant in fee-simple, 148.

ASSETS-

Estate pur autre vie in hands of heir chargeable as, by descent, 94.

ASSIGNEE-

Of a reversion, was unable to take advantage of covenants or condi-
tions in a lease on which the reversion was expectant, 60.

Of part of a reversion on a lease, now entitled to the benefit of all
conditions, contained in the lease, 62.

Of a term, is liable on the covenants of the lease, 65.

Of a term must indemnify his assignor, ib.

Mesne, of a term must indemnify original lessee, ib.

Of a mortgagee, when may consolidate securities, 282.

ASSIGNMENT-

Of a term of years, 65.

Of a lease, must be by deed, 66.

Restriction against, not effectual as against a lessee's trustee in

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AUCTION-

Sale by, conduct of, 322.

Sale by, subject to reserved price must be so stated, 323.
Sale by, is within the Statute of Frauds, 324.

BANKRUPT—

Trustee of, may lease land belonging to, 40.
Trustee of, may disclaim lease, 66.

BANKRUPTCY—

Effect of, when bankrupt has an estate in land, 140.
Effect of, on powers, 230.

BARGAIN AND SALE-

Conveyance by, before the Statute of Uses, 302.
Conveyance by, after the Statute of Uses, 304.

BASE FEE-

Definition of a, 120.

Can be enlarged into fee-simple, 123.

Not to be merged, 124.

BENEFICIAL OWNER-

Implied covenants by person conveying freeholds as, 350.
Who must convey as, 351.

Implied covenants by person conveying leaseholds as, 353.

BLACKSTONE-

His canons of descent, 149, 153.

BOROUGH ENGLISH-

Custom of, 14.

BURGAGE TENURE-

Definition of, 14.

CAPITAL MONEY-

Under Settled Land Act, 1882, how may be applied, 103, 104.

CESSER-

Proviso for, 78.

CESTUI QUE TRUST-

Who is a, 33.

In actual occupation is tenant at will, ib.

Substituted for cestui que use, 192.

Covenants for title to be entered into by a, 352.

CESTUI QUE USE-

Meaning of term, 192.

CESTUI QUE VIE-

Definition of, 92.

Production of, may be ordered, 94.

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