ANALYSIS OF CONTENTS OF VOL. III.

NOTE.-The figures refer to the pages of this edition.

CHAPTER XXXII.

JOINT TENANCY, AND TENANCY IN COMMON.

Section I. Joint tenancy, tenancies by entireties, and tenancy in common.

4. Devise to "first, second, &c., sons," they take successively.

Joint tenancy in chattels.

pecuniary legacies and residues of personalty.

5. Rule applies to gifts to children as a class.

7.

although members of the class may

become entitled at different times.

but not if the gift vests in them at different ages.

Tenancy in common not implied in substituted gift;

nor in gift of accruing shares;

nor from another gift connected by the word "also."

8. Distinct gifts of same lands to different persons create a joint tenancy.

Executory trusts.

Section II. What words create a tenancy in common.

9. "To be divided."

"In joint and equal proportions."

10. "Equally," "respectively," "severally," "each of their respective heirs,"

"between," "amongst," "each" of several, "all to have part alike," &c.

iii

11. Charge upon the legatees in moieties.

Direction in respect of one legatee's “share.”

12. To children of several parents "respectively."

Annuity to several in common "for their lives and the life of the survivor."

13. Words creating a tenancy in common rejected by force of context.

14. "After decease of E. and G." read after decease of survivor.

16. Intention must be clear.

Gift over 66 at their death."

Tenancy in common with express survivorship, not a joint tenancy.

Section III. Lapse and other miscellaneous questions.

17. Distinction between joint tenancy and tenancy in common, as to lapse, &c.

18. Gift implied from power creates a tenancy in common.

Effect upon power of lapse of some of the shares.

CHAPTER XXXIII.

ESTATES IN FEE, WITHOUT WORDS OF LIMITATION.

Section I. What estate passes by an indefinite devise under wills made before 1838

20. Devise without words of limitation before 1 Vict., c. 26.

21. Freeholds for lives.

22. Grounds for enlarging indefinite devise to a fee.

Section II. When enlarged to a fee by a charge of debts, legacies or annuities.

23. Charge of gross sum on the devisee.

Express estate for life or estate tail not enlarged.

No enlargement where the charge is upon the land merely.

25. As to annual charges.

current income exceeding annuity.

Whether annuity enlarges estate of devisee, or ceases at his death.

26. As to annuities charged on land.

Section III. When enlarged to a fee by a devise over in case of death of prior devisee

under age.

26. Enlargement to a fee by the effect of a devise over.

27. Extent of the rule.

Devise over enlarges the prior devise, when.

28. Indefinite devise substituted for devise in fee confers life estate only.

Devise to A in fee, in trust for B indefinitely, gives B a fee.

29. Fee implied from a limitation of the trust during minority.

Section IV. Effect of words "estate," "property," "real effects," "inheritance," "remain-
der," "reversion," "interest," "part," "share," "perpetual advowson," &c.

30. What words create an estate in fee simple.

31. Word "estate" carries a fee, when.

33.

35.

not restrained by words pointing at locality.

or other expressions applicable to corpus only.

36. Reference to occupancy not restrictive of word "estate.”

37. Rule which makes words of locality inoperative to restrain" estate" defended.

As to "estate" being elsewhere used in an express devise for life.

or in an express devise in fee.

38.

Preceding grounds occurring conjointly inoperative to neutralize effect of word

"estate."

39. Word "estate" must occur among the very words of gift.

40.

Instances of "estate" occurring in the words of gift.

where "estate" did not occur in words of gift.

Word "estate" occurring in introductory clause.

41. Whether "estate" applies to more than one devise.

Force of the word "estate" not communicated to other words by which subject

of gift was subsequently described.

42. "Estate" to A for life, and after his death to B.

Word "estate" restrained by context.

44.

"real effects" equivalent to "estate."

"All that I die possessed of" will carry the fee.

"Inheritance," "hereditaments," "remainder," will carry the fee.

45. Word "reversion" will pass a reversion in fee.

"Residue" and "remainder" as used in residuary clause.

Words "right and title" and "interest" will carry the fee.

46. When words "part," "share," "moiety," carry the fee.

When they do not.

47.

Estate in fee given by force of words of exception.

substitutional gift.

clause against alienation.

Words "perpetual advowson," "manor," "share" in a company, give only a

life estate.

Fee simple conditional in lands not within statute de donis.

Section V. Effect of 1 Vict., c. 26, m wills made or republished since 1837.

Devise without words of limitation to pass the fee.

48. Remarks on the new rule.

49. New rule does not apply to interests created de novo.

CHAPTER XXXIV.

ESTATES OF TRUSTEES.

50. Whether devises are within the statute of uses.

51. Principle which determines whether persons, apparently so, are trustees.

53. Words "use" and "trust" used indifferently.

54. Effect of changing language of limitations by introducing words of direct gift.

Restrictive operation of words of direct gift.

Devise of copyholds "to be transferred" to A at majority.

55. Trustee takes legal estate when directed to apply the rents.

56.

pay taxes and repairs.

apply rents for maintenance of cestui

que trust.

pay rents to a person.

To permit receipt of rents gives trustee no estate

57. Effect where both expressions are used.

Estate not vested in trustee by trust to permit receipt, with other active duties.

a trust to secure separate use of feme coverte.

permit A to receive net rents.

direction to sell or convey.

60. Lands being charged with debts and legacies will not vest the estate in the

trustees.

61. Estate vested in trustee by direction to pay debts in aid of personalty.

Otherwise where devise is made contingent on personalty being insufficient.

62. Trustees held to take the fee, notwithstanding expressions apparently conferring

a power only.

64. Authority to grant leases, when it confers the fee.

65. Indefinite power of leasing.

66. Power to lease, with direction to pay taxes.

67. Definite power to lease held exercisable only during other (clear) trusts.

68. As to a power to accept surrenders of leases.

Effect of appointing persons "trustees of inheritance."

69. Appointment of persons to perform trusts of will.

"be trustees as also their heirs and assigns."

Direction to trustees to pay certain sums out of estate.

70. Principle which regulates the quantity of estate.

71. Estate of trustees commensurate with duties.

72. As to commencement of estate of trustees.

Indefinite devises to the use of trustees susceptible of enlargement or restriction.

Rule as to appointments under powers.

73. Indefinite devise of copyholds limited by nature of trust.

74. Bequests of leaseholds, how far influenced by nature of trusts.

75. Effect where testator, who apparently creates a trust, has an equitable interest

only.

Devises to pay debts, legacies, &c.

76. Trust to raise a sum of money.

Trustees held to take a chattel interest.

78. Effect of stat. 1 Vict., c. 26.

Trustees held to take a determinable fee.

Indefinite chattel interest not created where devise expressly in fee.

79. Trustees held to take a fee though the trust was not strictly commensurate.

81. Power to limit an estate as a jointure.

82. As to devises to trustees for preserving contingent remainders.

83. Reservation of power of appointment held a ground for giving trustees the fee.

84. Whether the creation of contingent remainders is a ground for giving trustees