DOUBLE LEGACIES-(continued.)
or the legatee is described as an object of peculiar favour,
or the legacies are not ejusdem generis, or one of them is
contingent
Legacy to unborn children by will, and legacies to children
nominatim by codicil when actually born accumulative
unless a contrary intention be clearly evinced
Legacies by separate instruments being equal, and both ex-
pressly given for the same cause, one only can be claimed 145
Contra, where a further reason is mentioned in regard
to the second, as forming another inducement
Or where the legacies are unequal, though given on same
Coupling a specific with a general legacy in both instru-
ments, where the general legacies are of the same amount,
prevents the legatee taking both
Legacies given by codicil, some expressly in augmentation of
legacies before given, and others not expressly in augmen-
tation, not accumulative
If a legacy by codicil is greater than a legacy previously giv-
en and testator appears to have intended an increase of the
first legacy only to the amount of the difference between
it and the second, the latter only is due
Legacy by codicil to two trustees for an infant not augmenta-
tive of a like bequest by will for the infant's benefit to one
only of those trustees
Where such similarity exists between two testamentary in-
struments as to make it probable that the second was in-
tended as a substitute for the first, single-legacies only can
be claimed
Parol evidence not admissible to show testator's intention
to give a single legacy only, where the presumption is
that he meant to give both
is admissible to show that both legacies
were intended, though the presumption is contrary
Rough draft of a deed or admittance admissible as secondary
evidence
Grants of easements presumed from long user
Right to easements lost by long non-user
Right of newly electing not allowed where the party, being
acquainted with the value of the funds and aware that he
must elect, has submitted or acted contrary to testator's
disposition for a year or more
403-408
Widow's right of electing between a provision under her
husband's will and a provision by common law, custom, or
settlement, is determined by her confining herself to one of
those provisions for a year or more after the husband's
Right to complete election presumed to be abandoned after
twenty years
ENCUMBRANCES. See EXONERATION.
Endowment of vicarage presumed to support the title of a lay
Deed of enfranchisement presumed after long possession ad-
verse to the lord
Younger brother's entry on land which descends to his elder
brother when the latter is absent not an abatement
Entry of the elder brother in such case not tolled, though the
younger die in possession
EQUITY OF REDEMPTION.
Release of equity of redemption presumed, so as to make the
mortgaged estate pass as part of mortgagee's absolute pro-
perty by his will, where
Possession for twenty years of mortgaged estate by mortga-
gee without account, a presumptive bar to the equity of re-
demption
329-331
Right of party entitled to redeem not saved,
though a suit for redemption be commenced within the
twenty years, if it is afterwards abandoned; or applica-
tion is made to redeem, but mortgagee does not acknow-
ledge mortgagor's title, and no further steps are taken, 331—
though a decree for redemption be obtained, if not acted on
for twenty years
though the estate subject to the mortgage is in settlement,
and the twenty years run during the existence of a par-
ticular estate
by the existence of an estate by the curtesy
unless the person entitled to the curtesy estate sold
his interest to the mortgagee, when the right of
redemption continues open till twenty years after
his death,
336-337
though mortgagor continues in possession of part of the
premises, semble
Right of redemption saved,
by infancy, coverture, &c.; and ten years are allowed
after the disability ceases
But if the time once begins to run, a subsequent
disability does not avail
EQUITY OF REDEMPTION-(continued.)
by fraud or oppression on the mortgagee's part at the
time of the loan
if mortgagee or his agent has settled an account with
the mortgagor within twenty years
Contra, if the agent acted without authority - 340
if mortgagee has kept accounts
by mortgagee noticing in any legal instrument within
twenty years that his interest is liable to redemption 340-
by a bill of foreclosure filed by mortgagee within that
time
by mortgagee proposing to purchase the equity of redemp-
tion, or acknowledging himself by letter to be only
mortgagee
where mortgagee acknowledges by parol that the estate
is subject to be redeemed
But a parol acknowledgment that the right origin-
ated in a mortgage is not enough, nor where the
acknowledgment is proved by only a single witness 344
where mortgagee, in answer to a bill. for redemption,
submits to be redeemed
where it was originally agreed that the redemption should
continue open beyond the usual period
In Welsh mortgages, and other similar securities, the
equity of redemption barred, if mortgagee has been in
possession for twenty years since his demand was sat-
isfied by perception of the rents; or if mortgagor, after
the mortgage was made, covenanted to pay the debt at
a specified time, and twenty years have since elapsed 350
EVIDENCE. See PAROL EVIDENCE. PRESUMPtive Evidence.
SECONDARY EVIDENCE.
Deeds and wills presumed to have been properly executed, 34—35,
260-261
Deed executing a power presumed to have been properly
executed, semble
Execution of lease for a year bearing the same date as the re-
lease, presumed to have preceded the execution of the re-
lease
Execution of lease for a year bearing date the day after the
release presumed to have preceded the execution of the
release, semble
Executor or administrator making an erroneous distribution
not answerable for any loss which accrues to the next of
kin or creditors, semble
Certainly not, if the next of kin or creditors know of the
distribution at the time, and lie by
Executor assuming to determine doubtful passages in his tes-
tator's will, and distributing the estate accordingly, answer-
able to those who are prejudiced
Contra, if the parties prejudiced are aware of the ambi-
guity of the will, and acquiesce in the distribution for a
great length of time, semble
Liability of executor paying a legacy to an infant to pay it
over again continues so long as it is clear that a release
has not been executed
428-429
Executor instrumental in placing part of testator's estate in
the hands of a co-executor, not liable to make good a loss
occasioned by the co-executor's misconduct, if the parties
interested acquiesced in the arrangement, and have dealt
solely with the latter as acting executor
See RESIDUARY PERSONAL ESTATE.
Where wife's estate is mortgaged, and husband receives the
money, his assets applicable in exoneration of the estate
Contra, if the loan was for the wife's exclusive benefit,
or to discharge her debts dum sola, or the mortgage was
made pursuant to an agreement before marriage 45-46
Tenant for life or tenant in tail after possibility paying off an
encumbrance, presumed not to exonerate the estate
It is immaterial that the remainderman is a relation
This presumption rebutted,
by an assignment being made of the encumbrance con-
necting it with the inheritance
by an apparent intention in the party (the estate being
settled in remainder on a relation,) to keep it in the
family
Tenant in tail paying off an encumbrance, presumed to exone-
rate the estate
That presumption rebutted,
by the encumbrance being assigned to a trustee, in
trust for the party, his executors, &c.
where steps have been taken to obtain such an assign-
where the party mistaking the nature of his interest,
supposes himself to be seised in fee simple
where the encumbrance is one only of several encum-
brances, the amount of which together nearly equals
the value of the estate
Grants of faculties presumed, where
See PEWS.
FEE FARM RENTS. See QUIT RENTS.
Fines not presumed in support of long possession 6, n, 193, 194
FIRE.
Proof of a fire in a place where lost deeds are supposed to
have been kept corroborative testimony of their having
existed
Owner of a several fishery is prima facie owner of the soil 31
FORFEITURE.
Right of resumption for a forfeiture presumed to be remitted,
if not acted upon within a reasonable time after the forfeit-
ure is known
Fraud, an answer to alleged releases of demands in equity 16, 370
prevents the presumptive bar from time to an equity of
redemption -
FRAUDULENT PURCHASES.
Purchase obtained by taking undue advantage of vendor's
embarrassments, or by means of a subsisting influence over
him, not impeachable after twenty years, provided the ven-
dor was aware of the unfairness of the transaction at the
time, and has since been free from the purchaser's con-
trol
384-385
Contra, where the vendor was ignorant of the fraud, or
has been under the purchaser's influence ever since;
when twenty years are allowed to the vendor from
the time of discovering the fraud or of the emancipa-
tion
Fraudulent purchase from an executor not set aside after
twenty years, though the parties interested are only enti-
tled in reversion -
Gift of property presumed to have been accepted -
GRANT.
Deeds of grant presumed in support of long enjoyment - 283-315
presumed even against the crown 6, n., 193, 302, 303
HEIRS.
Heirs, though generally a word of limitation where the devise
is to a man for life remainder to the heirs of his body, may
be shown to have been used as a word of purchase
HEIRSHIP.
Long enjoyment by a collateral or remote heir, presumptive
evidence of there not being a nearer heir in existence - 276—277
HIGHWAY.
Soil of highway over a manor waste belongs to the lord; soil
of a highway between inclosed lands to the owners on either
side
Where wife has a separate estate, and suffers her husband to
receive the income, she can only claim from his executor
the amount of the year's income previous to his death 368, n.
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