Packington's, Sir H., case
Pacy v. Knollis

Paice v. Archbishop of Canterbury
Palmer v. Schribb
Papillon v. Voice

Pewterers' Company v. Christ's Hospital 12 Shapland v. Smith

184

192, 256

Strode, Sir Litton v. Lady Russell 33, 48 Webb v. Hearing

199

59

68, 72, 86

17

70

48

160, 162

149

55

46

118

50

49

119

150

INDEX.

The pages referred to are those between brackets, [ ].

ABEYANCE, it is not permitted in a will to put the freehold in abeyance, 43, 241.
ACCUMULATION, of trusts of, 15, 16.

of the Statute of, 28-30.

of rents, on an executory devise. See Executory Devise.

or rents, on a contingent devise by a termor for years, 251-254.

ADVICE, mere advice or recommendation to a devisee, to leave the property at his
death to particular persons, not sufficient to create a trust, 232, 240. See
Devise.

AMBIGUITY, of patent and latent, 32, n. (d), 271–273. See Evidence.
AND, to fulfil the intention, the word and frequently construed or, 55, 242.
APPOINTMENT, of a devise by a donee of a power, 208-224.

when a person has an interest and an authority, and devises generally, the
devise is construed to be under the interest, and not the authority, 209, 210.
of a devise by a person who has an estate in fee in land, and also a power of ap-
pointment, 210-212.

of a devise by a person who has a power of appointment of land, but has not an
estate in fee in it, 212-223.

if a person who has a power of appointment of land, but not an estate in fee in it,
devises particular lands, the devise will be considered an appointment, 212.
cases in which a person having a power of appointment of land, but not an estate
in fee in it, has been held by a will not to appoint, 214–219, 221.

observation on the case of Denn v. Roake, 219.

a person having a power of appointment, but not an estate in fee in the land, held,
on collateral evidence, to apppoint, 220–223.

APPURTENANCES, of, 125-133.

of the technical meaning of the word appurtenant, 131.

extent of the term, on a devise of a house with the appurtenances, 131.

on a devise of a messuage, or house, the appurtenances of it impliedly pass, 132,
133.

AUTHORITY, of the influence of authorities in the exposition of wills, 267-269.
in the construction of devises, the courts are bound to follow authorities become law,
267. See Appointment.

BLANK, collateral evidence is admissible to explain a blank left for the Christian name
of a devisee, 35, 272; but if a blank is left for both Christian and surname, the
devise is void, 23, 34. See Evidence.

CHARITABLE USES, statute of, 22, erroneously called a Statute of Mortmain, 25.
of devises to, 22--28, 273.

CHARITY, of the extent of the word, 27, n. (e)

CHATTEL-ESTATE. See Debts, Estate, Term.

CHILDREN, distinction on a devise to A. and his children, 46.

the word in a will prima facie means legitimate children, 50.

of a devise to a child in ventre sa mere, 52.

of devises to illegitimate children, 50, 51.

if intended, grand-children may take under a devise to, 51.

CHILDREN-(Continued.)

technically a word of purchase; but, if intended, may be a word of descent, 53, 117.
CODICIL, of the exposition of a will with a codicil, 263.

executed to pass real estate, prima facie republishes a will of land, 264, 266.
which republishes a will, new dates it, and makes it a will of the day the codicil is
made, 264.

if a will is republished by a codicil, lands, which have been purchased between the
two dates, will pass under the will, provided there are words in the will suf-
ficient to devise them, 265.

CONJECTURE, a will not to be construed on, 31.
CONTEXT, a means to explain the intention, 66.

a limitation for life explained to be in tail, 67–69.
a limitation for life explained to be in fee, 69-74.
a limitation in fee explained to be in tail, 82-88.

a limitation in fee explained to be determinable in favour of an executory devise,
88-93.

COPYHOLDS, a devise of, an appointment of a use, 168.

of devises by persons who have both freehold and copyhold lands, 168-176.
of the admissibility of collateral evidence to explain the intention to be to include
copyholds in a devise, 173-175.

CROSS-REMAINDERS, of a devise with, 57.

of the implication of, 57-61.

cases in which they have been held to be implied, 58-59.

cases in which they have been adjudged not to be implied, 59–60.

formerly a distinction between the implication of cross-remainders between two
persons only, and between more than two, 60.

of the presumption of cross-remainders between two persons only, and between
more than two, 61.

of the limitation of, without words of inheritance, after devises of estates of inher-
itance, 179.

DEBTS, of a devise to executors to pay, 224-231.

on a devise to executors to pay debts, and until the debts are paid, the executors
take a chattel estate, 76, 224.

personal property is the first fund for the payment of debts; unless an intention is
discovered in the will to charge them first on the real estate, 228.

to exempt personalty from the payment of debts, it is not sufficient that the real es-
tate is charged; the personalty must be discharged, 230, 231.

DESCENT, distinction between purchase and, 18, 110, 111.

of an intention to change the legal course of, 19.

a term of years is not a subject of, 20. See Executory Devise, Heir, Lapse.
DESCRIPTION, any words which describe the devisee are sufficient, 49.

of the description of the lands devised, 133–149, 274.

the distinction proposed-If land devised is in part correctly, and in part incorrect-
ly described, the exposition of the will is made simply on the correct descrip-
tion, and the misdescription remains ineffective: but if land is devised by a
description which is not incorrect, one part of the description may narrow the
extent of the other, 133, 141, 274.

of a devise of an estate of or at A., 144-149.

of a devise of 'my A. estate,' or the A. estate,' 149.

DESIRE, of a trust imposed on a devisee for life, by a desire, request, hope, or confi-
dence of the testator, to devise the lands to particular persons, 231–240.
DEVISE, of illegal devises, 3-30.

prospective, of lands of inheritance, 4.

of lands held for years, 156.

of a term of years, 4, 151.

of a lease for years, 4, 151.

in perpetuity, 4—16.

DEVISE (Continued.)

in mortmain, 22.

to charitable uses, 22-28, 273, 274.

to A. and his children; a distinction on the devise, 46.
of a reversion, of which the testator is seised, 47.

of a reversion created in the will, 48.

to illegitimate children, 50, 51.

for life, explained by context to be a devise in tail, 67-69; and in fee,
69-74.

without any words of limitation, explained to be a devise in fee; 1, by the creation
of a trust which cannot be performed unless the trustee has the fee; 2, by the
tendency of farther clauses in the will to make the devise hurtful to the
devisee, unless he takes the fee-simple, 69-74.

in fee explained to be a devise in tail, by a limitation over on the failure, at any
time, of the heirs of the body of the devisee in fee, 82-86; and by a limita-
tion over to a collateral heir of the devisee in fee, on the failure of his heirs,
86-88.

in fee explained by context to be determinable in favour of an executory devise,
88-93.

subject to pay a sum of money, or debts, or legacies, or an annuity; when it con-
veys the fee-simple, 70-74; and when not, 77-82.

to executors to pay debts, and until the debts are paid, the executors take a chat-
tel estate in the lands, and not a freehold estate, nor a term of years, 76, 224.
of explaining one devise by another in the same will, 93–97.

of devises in which the devisee has been held to take a fee-simple under the word
'estate,' 120-122; and 'estates,' 122.

by persons who have both lands in fee and for years, 159–168.

by persons who have both freehold and copyhold lands, 168, 176.

of copy holds is an appointment of a use, 168.

without words of inheritance, 176-180.

of two estates separately to the same person, one with words of inheritance, and the
other without them, 177.

of estates of inheritance, with cross-remainders without words of inheritance, 179.
for life, without impeachment of waste, 180.

in joint-tenancy and in common, 182-189.

to an infant when of age, 189-192.

over of lands of inheritance, on failure of issue, 91-93; 192-195.

over of a term of years, on failure of issue, 195.

by a tenant for years, 150-159, 251,

by a tenant pur auter vie, 6, 198.

by a mortgagee, 200—203.

by a surviving trustee, 204–208.
by a donee of a power, 208-224.

to executors to pay debts, 224-231.

distinction between a devise in the words, "I devise my lands to my executors to
sell;" and a devise in the words, "I devise that my executors shall sell my
lands," 225; and observation on the opinion of Sir Edward Coke, that "when
a man deviseth his tenements to be sold by his executors, it is all one as if he
had devised his tenements to his executors to be sold, 227.

of a devise and a trust in the devisee to devise, 231-240.

for life, and a trust, by words of desire, request, hope, or confidence, to devise over,
231.

cases in which a trust has been held to be created in a devisee to devise, 232-236;
and where not, 237–240.

by a termor for years on a contingency: of the title to the rents and profits of the
land in the mean time, 251-254.

to uses, 254-256.

to trustees, to receive the rents and pay them over to a married woman or other
person for life, 255.

to A. and his heirs; frequently, on the intention, construed to convey an estate
pur auter vie only, 256.

See Appointment, Executory Devise, Lapse.