twenty years was to be computed, was the date of the decree. And he remarked in conclusion, that the rule which prevented the bringing of bills of review after twenty years, was also applicable to the case of bills for re-hearing (a).
Absence abroad, an answer to presumptions from lapse of
time
Absence for seven years without interim account, presumptive
evidence of death
Old abstract presumptive evidence of the deeds, &c., ab-
stracted
Acceptance of property conveyed or devised to a man pre-
sumed, unless evidence given of a disclaimer
Right to require accounts in all cases lost by laches
Accounts for rents and profits not carried back in equity fur-
ther than six years: sometimes the account is confined to
the filing of the bill
except in the case of infants, when the account is carried
back to the time when the infant's title accrued: the
party however must complain within six years after his
majority
Right to open an account generally, settled between trustee
and cestui que trust on the latter coming of age, determines
at the end of six years; cestui que trust can then only sur-
charge and falsify
If trustee has been guilty of fraud, the account may be
opened generally at any distance of time
ACTS OF PARLIAMENT.
Acts of Parliament presumed in support of long possession, 6, n., 194
ACCUMULATIVE LEGACIES. See DOUBLE LEGACIES.
ADEMPTION.
Legacy by a parent, or person in loco parentis, adeemed, or
presumed to be adeemed,
by a subsequent advancement to the child of like amount
with the legacy
by a portion of like amount secured to be paid to the
child at the parent's death
pro tanto, by an advancement of inferior amount to the
legacy
Construction not altered by a codicil subsequent to the ad-
vancement which "ratifies and confirms the will in all re-
spects"
Differences in the period whence interest is to be paid, or in
the time for payment of the principal, immaterial 131-132
Where the legacy and advancement are both of modified inte-
rests, differences in the modes of limitation immaterial
Illegitimate children, if recognized as children, within the
The presumption of intent to adeem rebutted,
where the legacy is of a qualified interest, and the ad-
vancement is absolute
where the legacy and subsequent provision depend
for their vesting on different contingencies
where the legacy and advancement are not ejusdem
generis
where the bequest is of a residue
where the advancement is grounded on a distinct
consideration, or is made for a particular purpose
where, in addition to a legacy given expressly as a
portion, a general legacy is bequeathed
The presumption repelled,
by evidence of the parent's intention, as shown in a co-
dicil after the advancement
by extrinsic evidence of intention, whether written or
parol
What parol declarations are effectual to this end
Extrinsic evidence admissible to fortify the presumption
when impugned
Letters of administration presumable in support of an old as-
signment of a lease from a person described in such assign-
ment as administrator of a former owner, semble
ADMINISTRATOR. See EXECUTOR.
Admission of a demand or equity within twenty years an
answer to presumptions from time, 17, 339–344, 358, 365, 370,
372-373
ADMITTANCE.
Admittance to a copyhold, what secondary evidence of - 197
Admittance to a copyhold presumed,
after long possession and payment of the rents and services 263
from the lord's accepting a surrender from the party in
possession to the use of a third person
from the lord's granting to the party in possession an en-
franchisement of the copyhold
Purchase in the name of a wife or child before unprovided
for (though such child be illegitimate), and whether the
estate be immediate or reversionary, an advancement - 56-58
So, a purchase made in the joint names of the parent and child,
or of the child and a stranger
Possession taken by the father, where the child is an infant,
does not alter the construction
Nor where the child is adult, semble
Title of the wife or child not defeated,
by an attempted disposition by the husband or father
by his subsequent insolvency or bankruptcy, provided he
were solvent at the time of purchasing
Contrà, if he were not in solvent circumstances
Child's title by survivorship, where a purchase is made in the
joint names of himself and father, voidable by the father's
creditors generally
Purchase in a child's name not being wholly paid for in the
father's life-time, his assets liable to pay the remainder
The presumption of intent to advance rebutted,
where the child has already been provided for -
A previous gift to the child of a dry reversion not a
provision within the meaning of this rule,
where a purchase is made by two persons in the name
of a child of one of them
where nominee is a grandchild (unless the father be
dead), or nephew, or more remote relation
where the father expressly declares by a writing con-
temporaneous with the purchase that the child is only
where, on grant of a copy hold for lives successivè, the
child's name is inserted as a nominee, and the father
obtains at the same time a licence to make beneficial
leases, or surrenders to the use of his will
See ADEMPTION.
To writs of right of advowson no bar less remote than the reign
of Henry III.
Grant or conveyance of an advowson presumed in support of a
title evidenced by several successive presentations
AGREEMENTS FOR PURCHASE.
Specific performance of an agreement for purchase not en-
forced unless acted on with diligence
It is immaterial whether the delay occurs before or after steps
taken towards completing the agreement,-whether or not
a deposit has been made,-that the defendant has been in
in prison, and plaintiff unable to find him, or that the
agreement or other material papers have been mislaid
The rule more inflexible, where the purchaser's delay has been
for his own accommodation,-where the estate contracted
for, being in reversion at the time of sale, has fallen into
possession, or where the sale was made for the purpose of
paying off incumbrances
Where the delay has not been wilful, being the consequence
of difficulties in the title, or is attributable to the oppo-
site party, specific performance not denied
Presumptions not made of deeds of conveyance or grant to
aliens
Where grantor of an annuity bequeaths to the grantee an an-
nuity of like amount, it satisfies the former
Contrà, if not payable equally soon
Annuity, not demanded nor acknowledged for twenty years,
presumed to have been released or satisfied
If the release or satisfaction of an annuity long unpaid
cannot be presumed, all the arrears may be recovered
Annuity open to impeachment under the Annuity Acts set
aside, notwithstanding long delay, where the defect proceeds
from a culpable disregard of the Acts, or where inequitable
advantage has been taken of the grantor
ANNUITIES (continued.)
Contrà, semble, where the defect is merely an inaccurate
performance of some of the acts or conditions prescribed,
and is capable of satisfactory explanation,-especially
if the agents and witnesses are dead
Right to reclaim and appropriate land not acted on within a
reasonable time, presumed to be abandoned
APPROVEMENT.
Right of making approvements presumed to have been re-
served, where the lords of a manor have been immemorially
accustomed to make approvements of the waste
Assent of executor to a bequest presumable after long enjoy-
ment, semble
Slight circumstances generally enough to testify assent to
a legacy
Assent of commoners to inclosure of the common presumed
after long acquiescence
Assent of the lord or of a particular land-owner to an agree-
ment entered into by his bailiff for inclosing a common, pre-
sumed after long acquiescence
Bargain and sale for a year presumed, semble, where
BILLS IN EQUITY.
Bill of revivor cannot be brought after six years
Bill of review does not lie after twenty years
Supplemental bill must be filed within a reasonable time
Bond on which interest has not been paid for twenty years,
presumed to have been satisfied
So, although the time does not amount to twenty years, if
there are auxiliary circumstances raising a presumption of
payment
Although the debt is acknowledged not to have been satisfied,
yet non-payment of interest, with other circumstances, may
raise the presumption of a release
The presumption of satisfaction does not arise
where the debt has been acknowledged, or interest has
been paid, within twenty years
where the obligor has been in extreme poverty, or has
where the obligee has been out of the kingdom
BOOKS OF ENTRIES, ACCOUNTS, &c.
Books of the steward of a manor secondary evidence of sur-
renders &c., minuted therein
Attorney's books of account secondary evidence of deeds and
other writings charged for, and of their having been exe-
cuted
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