PURCHASES BY TRUSTEES (continued.)

Page

Parties entitled in remainder, or having contingent interests,
as much affected by time as if in possession, semble 390-391
Unless the contingency consists in the description of the
person who is to take

-

391-392

The inference in favour of the purchaser from lapse of time
does not arise,

where the beneficial owner was in pecuniary difficulties
at the time of sale, and has so continued, sed quere

393-394
394

-

394-395

or was under a legal disability
or was ignorant that the trustee was the real pur-
chaser
where the parties interested are a body of creditors or
a religious sect

QUIT RENTS.

-

Long retention does not raise the presumption of a release of
quit-rents

No objection to a title that old fee-farm rents reserved to the
crown, but not demanded for above sixty years, cannot be
shown to have been released

RECITALS.

298-299

Recitals in old deeds of more ancient conveyances, secondary
evidence of such conveyances

197, 203-205
Recitals in court records of old deeds, secondary evidence of
those deeds

Recital of a lease for a year in a deed of release, how far evi-
dence of the lease
Recitals in old deeds of matters in pais or pedigree, presump.
tive evidence if the enjoyment has been couformable
RECOGNISANCES.

Recognisances dormant for twenty years presumed to have
been satisfied

RE-CONVEYANCE. See DEEDS.

RECORDS.

Records secondary evidence of the deeds they recite
presumed, where

RECOVERY,

-

Deeds making a tenant to the precipe, and declaring the uses
of a recovery, presumptive evidence of the recovery
Recovery of twenty years' standing, presumptive evidence of
the deeds making a tenant to the precipe

-

201

199-200

Contrà, if inefficient deeds for such purpose are in existence 200
Recoveries not presumed from mere long possession 6, n. 193–194
Secondary evidence of a recovery admitted, where
REDEMPTION. See EQUITY OF REDEMPTION.

REGISTRATION.

. 199

Want of registration not sufficient to repel the presumption
of deeds affecting lands in the Register Counties, semble, 6, n.
Registry conclusive proof of title as to ships
RELATIONS.

28, n. (a), 54

The word "relations," though usually interpreted to mean
next of kin, may be shown from the context to have been
used by a testator in a larger or more confined sense
RELEASE.

Rights and equities not acted on with reasonable diligence,
presumed to be released

5, 7-8, 384

RELEASE (continued.)

Page

Long delay in urging a demand, with other circumstances, may
afford the presumption of a release, though the demand is
admitted not to have been paid

364, 422-423

The presumption of a release rebutted,
where the claimant has been imposed upon 16, 386, 394, 399
where the party is the vendor of a reversion, and has
ever since the sale been in embarrassed circumstances,
semble -

17, 397-399

But the presumption is not in general rebutted by proof of
poverty
17, 384-385

See LACHES, PAYMENT.

See COVENANTS FOR RENEWAL.

REMAINDERS. See CROSS REMAINDERS.

RENEWAL.

RENT.

A receipt for rent lately due, presumptive evidence of payment
of all former arrears

RENT-CHARGE.

-378-379

Grant or conveyance of a rent-charge presumed after twenty
years' enjoyment

Release of a rent-charge presumed after twenty years' non-
claim
REPUBLICATION.

296

297-298

Republication of a will presumable after long enjoyment,
semble

RESERVATION.

Reservation of rights presumed, where

RESIDUARY PERSONAL ESTATE.

Residuary personal estate belongs at law to the executors
In equity they are precluded from taking beneficially,
when appointed "executors in trust" though no trust be
declared
. 153-154

where the personal estate generally is given to them as exe-
cutors in trust for specified purposes
where the personal estate is given to the "executors here-
inafter named," or to persons, who being appointed exe-
cutors in a subsequent part of the will, are noticed indis-
criminately in declaring the trusts of the bequests as exe-
cutors and trustees

where testator indicates his belief that he imposes a mere
office, and intreats the executors to accept it
à fortiori, where legacies are given to the executors ex-
pressly for their trouble
where there is a clause for indemnity of the executors against
losses, and for the reimbursement of their expenses - 156-157
Unless such directions apply only to a particular fund
given to them expressly in trust for others
where they are appointed to act within a certain district,
and for the performance of a single duty
where they are not appointed from motives of personal re-
gard, but on account of their situation in life, or occupa-
tion in business

. 161

157

- 157-158

where the residue is specifically given away to others,
though a lapse afterwards takes place

RESIDUARY PERSONAL ESTATE (continued.)

where it is given to trustees for purposes which are contrary
to law, or too general and undefined to be carried into
execution

-

where testator declares his intention to dispose of the re-
sidue by codicil, or directs it to be disposed of according
to instructions he should afterwards prepare
where the will not containing a residuary bequest, testator
begins or gives directions for a codicil to supply the de-
fect, or orders a new will to be made with a residuary
bequest
where an inchoate purpose to appoint a residuary legatee
appears, or where the will abruptly terminates after a dis-
position of certain parts of testator's estate
where a residuary bequest is become illegible, or has been
erased or cancelled by testator

-

-

Page

164

165

ib.

165-166

-

167

168

176

177

where testator directs his personal estate "to go ac-
cording to law"
where equal pecuniary legacies are given to the executors,
whether such legacies be immediate or reversionary, and
given by the instrument making the appointment, or by
one subsequent, and although additional legacies are
given in another part of the will to some of them
where distinct specific legacies of equal worth are given to
the executors, or a specific legacy between them
where legacies are given to one or more of several executors
expressly for his or their care and pains
where it is obvious that the appointment of one or more of
the executors is merely to the office
where a legacy is given to a single executor, whether such
legacy be pecuniary or specific, a sum in gross or an an-
nuity, immediate or reversionary, given directly to the ex-
ecutor, or to a trustee for him, and whether by the instru-
ment containing the appointment, or by one subsequent 168

Quere, whether the same rule holds where the executor
is appointed by an instrument subsequent to that
giving the legacy

where the residue is given to the executor for life
The construction adverse to the executor's legal right not re-
butted,

by conjectural indications of an opposite intention
by the gift of legacies to the next of kin

by proximity of relationship between testator and executor 172
by the fact of executor being an infant; though very slight
auxiliary circumstances in addition to the infancy would
perhaps give him a beneficial interest

by the legacy to a single executor being given to him as one
of a particular class of persons who are the objects of the
testator's bounty, semble

Exclusion of the executors when founded merely on a pre-
sumption may be repelled by evidence of testator's parol de-
clarations

What declarations are effectual to this end
Contrà, where the exclusion is by necessary implication

173

173

180-181
181-184

183

RESIDUARY PERSONAL ESTATE—(continued.)

Parol evidence admissible on the part of next of kin in answer
to similar evidence adduced by the executor, and to fortify
the presumption of the executor's exclusion

The legal right of the executors is not affected,

Page

185

where they are made trustees of a particular fund only - 160
although there are provisions for reimbursement, &c., or
legacies are given for recompense of their trouble in re-

ference to such trust -

- 161-162

- 162

. - 161
where the personal estate generally is bequeathed to them
"in trust in the first place to pay, and charged with debts
and legacies"
where the general personal estate is given to them for an
indefinite purpose not capable of being carried into exe-
cution by a court of equity, and it is not distinctly declared
to be in trust
where the only circumstance contravening their title is
the fact of a blank space being left between the last line of
a will and the testator's signature, which might perhaps
have been left to insert a residuary clause
where the introduction to a will asserts the testator's inten-
tion to make a general disposition of his property, and
there is no residuary bequest

where legacies are given to various persons, which at the
date of the will would entirely have exhausted testator's
estate and there is no gift of the residue, and testator
afterwards increases his fortune

-

167

- ib.

- 168

179

where the residue is expressly bequeathed to them, though
previously called trustees, or legacies are given to them
for their trouble
163, 176, 179
where testator shows his apprehension, that notwithstand-
ing the gift of legacies, they would take the residue bene-
ficially
where, though legacies are given to the executors, testator
declares it to be his intention not to give any thing to the
next of kin, semble
where unequal legacies are given to the executors, or lega-
cies to only some of them

-

where distinct specific legacies are given to them, which are
obviously of unequal value, or cannot be accurately esti-
mated

. 172

178

-177

where legacies are given to two of three executors for per-
forming a particular trust, and a legacy of equal amount is
afterwards given to the third executor

where the bequest to a single executor is of a life-interest
only in particular chattels, with remainder over
where the bequest to a single executor is an exception from
a legacy given to a stranger

180

173

- 173-174

170, 174

where an annuity is bequeathed to a single executor charged
on a fund given subject thereto to a stranger
where the legacy to a single executrix (being a married
woman) is to her separate use

where testator makes his wife executrix, and bequeaths to
her what was originally part of her own fortune
Executor or administrator cannot set up a title to the residuary
estate on the sole ground of long retention

-

175

ib.

422

RESIDUARY PERSONAL ESTATE-(continued.)

But the delay of next of kin, with other circumstances
proving their quiescence to be deliberate, may afford
the presumption of a release, semble

RESULTING TRUST.

-

Page

422 423

52

53

Where purchaser takes the conveyance in the name of a
stranger, a trust results
Where creditor takes a security in the name of a stranger, a
trust results
Purchase by two persons in the name of one of them belongs
beneficially to both parties according to their respective
advances

Trusts do not result,

-

where they would contravene the policy of an act of par-
liament

-

where an intention appears to the contrary

where nominee is a wife or child unprovided for

See ADVANCEMENT.

ib.

54

The resulting trust not prevented as to real estate by evi-
dence of intention to make the nominee a trustee for a third
person

-

This question as to personal estate is unsettled

RESUMPTION.

Right of resumption for a forfeiture presumed to be remitted,
if not acted on within reasonable time

REVERSION. See PURCHASES OF REVERSIONS.
ROAD. See DEDICATION.

. ib.

ib.

401-402

Proof of robbery in a place where lost deeds are supposed to
have been kept, corroborative testimony of their having ex-
isted
SACRAMENT.

Sacrament presumed to have been taken by an alderman pre-
viously to his election

To admit secondary evidence of deeds, a probable ground must
be shown that such deeds really existed, and also proof that
they cannot be found

5, 8

36

36

196, 199

Long possession a ground for admitting secondary evidence of
deeds

What sufficient as secondary evidence of deeds
Circumstances corroborative of such evidence

When the former existence of a deed is sufficiently esta-
blished by secondary evidence, an unexecuted engrossment
of it will not destroy the force of the evidence,
Recitals how far to be depended on as evidence

198