Copyhold and Court-keeping Practice: With Nearly Two Hundred Precedents, and the Act for Amendment of the Laws with Respect to Wills, Intended Not Only for Use in the Office of the Most Experienced Practitioner, But Simplified in Such a Manner as to Enable a Town Or Country Solicitor...to Transact with Ease All the General Business in Admissions...&c

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proprietors of the Legal observer, 1837 - 233 Seiten
 

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Inhalt

PRACTICE ON SALES
35
Course to be adopted when steward refuses to allow com
40
Examination when abstract prepared by vendors solicitor
46
Points if under a surrender
52
Best course to be adopted
55
When minor admitted appointment of guardian should
58
As to preparation of deed and its completion
61
Noting time of examination documents produced
64
Notice requiring inspection of court rolls
67
T es where protector consents
75
Difficulties more often arise on questions of expence
77
Surrender and release of equitable right of married
81
Expence of copies
83
Release of husbands curtesy or wifes dower
87
Of seaches for judgments
89
Purchaser may obtain order to pay money into court
93
Powers of attorney to surrender copyholds where pur
94
When either party means to rescind contract he should
99
special variations in same
100
As to preparing the deeds of covenant on bonds and
105
Conditional surrender
107
Surrender
109
Enrolment of proceedings and bargain and sale and
111
Mode of conveyance and reference to forms
119
To secure annuity to wife and subject thereto to
125
Importance of guarding against needless admission
126
On sending draft purchasers solicitor should urge
129
The like where purchaser in possession and doubts
131
ENFRANCHISEMENTS
132
another form 349 Ditto 350 Creation of term out of copyhold interest 351 Deed of enfranchisement
133
Enrolment of deed STAMPS 353 Agreements
136
Conveyances
137
Surrenders and admissions
138
Mortgages
139
Annuities 358 Leases
140
Settlements 360 Partitions Enfranchisements
141
in court 416 satisfaction on conditional surrenders 417 proclamations 418 award of seizure and precept 419 seizure and return
165
presentment of death and entry 421 admission general fees ac etiams c on surrender in court 422 423 of devisee on surrender out of court 424 after ...
166
recoveries
167
forms
171
Delivery of abstract and obtaining requisitions
173
in tenure
179
9
180
Where purchasers solicitor naglects to send requisitions
185
Surrenders absolute or conditional present
186
F Admission of devisee where no proclamation 480 to several copyholds in one admission 481 to the like in separate admissions 482 after first procla...
190
Arrangements with purchasers solicitor as to interest
191
Difference in instructions
192
Daughters as Coparceners
193
Appointment of guardians on admission of infants 490 of widow to freebench
194
husband to curtesy 492 Admission of infant or feme covert under 9 G I
195
H Admission on surrender out of court without proclamation 494 After first proclamation
196
Inspection of title and certificate froin steward as to
197
L Admission on sale under bankruptcy 502 M Admission of two or more as joint tenants 503 tenants in common
201
N Admission under forfeited conditional surrender
202
Stewards fees on surrenders
203
Sect
204
9 Surrender and release of dower or freebench 509 equity of redemption
205
by heir or other party possessing right
206
Apportionment of rent 512 Acknowledgment of free tenure
207
Licence to demise 514 fell timber
208
pull down buildings 516 dig for brick earth 517 when payment to be made according to quantity
209
Statement of first mortgagees claim abstract title
210
Suggestions by purchasers solicitor to purchaser as
211
Abstract
213
Preliminary steps and reference to form and comple
216
When required form of discharge and as to memoran
220
Observation as to right
227
Rule for calculating value of enfranchisements
229
PARTITION
231
Steps to be taken on annuity surrenders
233
Observation as to notice to tenants to be signed

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Seite 219 - It shall be signed at the foot or end thereof, by the testator or by some other person in his presence, and by his direction, and such signature shall be made or acknowledged by the testator, in the presence of two or more witnesses present at the same time, and such witnesses shall attest and shall subscribe the will in the presence of the testator and of each other but no form of attestation shall be necessary.
Seite 222 - ... shall be construed to include any real estate, or any real estate to which such description shall extend (as the case may be), which he may have power to appoint in any manner he may think proper, and shall operate as an execution of such power, unless a contrary intention shall appear by the will...
Seite 223 - ... or any other words which may import either a want or failure of issue of any person in his lifetime or at the time of his death, or an indefinite failure of his issue shall be construed to mean a want or failure of issue in the lifetime or at the...
Seite 221 - ... of the will before such alteration shall not be apparent, unless such alteration shall be executed in like manner as herein-before is required for the execution of the 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 other part of the will...
Seite 224 - ... 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 immediately after the death of the testator, unless a contrary intention shall appear by the will.
Seite 221 - ... by the burning, tearing, or otherwise destroying the same by the testator, or by some person in his presence and by his direction, with the intention of revoking the same.
Seite 216 - And be it further enacted, 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...
Seite 222 - And be it further enacted, that every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.
Seite 221 - ... manner hereinbefore required, and showing an intention to revive the same ; and when any will or codicil which shall be partly revoked, and afterwards wholly revoked, shall be revived, such revival shall not extend to so much thereof as shall have been revoked before the revocation of the whole thereof, unless an intention to the contrary shall be shown.
Seite 222 - A general devise of the real estate of the testator, or of the real estate of the testator in any place or in the occupation of any person mentioned in his will, or otherwise described in a general manner...

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