PAROL EVIDENCE-(continued.)
to rebut the presumptive exclusion
of executors from the residuary estate Contra, to repel the constructive exclusion of the execu- tors by necessary implication
on the part of the next of kin to meet similar evidence by the executor, and to fortify the pre- sumptive exclusion of the executor Former existence and contents of deeds may be proved by parol testimony, particularly in the case of a wilful destruc- tion
Parol acknowledgment of a demand rebuts the presumption of satisfaction Mortgagee's parol admission that the estate is liable to re- demption saves the mortgagor's equity
Presumption in favour of title from lapse of time rebutted where the supposed grantor held only as the incumbent of a living
Payment of pecuniary demands not within the statute of lim- itations presumed from twenty years' non-claim - 5, 376—377 A less period than twenty years affords the like presumption if the hardship is great, and the demandant's delay without
Where land conveyed to trustees for payment of debts has been long in the remainder-man's possession, payment of the debts will be presumed
Payment of demands presumed from circumstances alone, ex- clusive of time
The presumption from twenty years' non-claim rebutted, where fraud has been used, or the demand acknow- ledged within that time 17, 370 where the party has been too poor to pay, sed quere, 366, 359 See ANNUITIES. BONDS. DEMANDS. DEBTS. DECREES. MORTGAGE DEBTS. POR- TIONS. STATUTES. WARRANTS OF AT-
In matters of pedigree, family memorials, &c., admissible as evidence -*269-270 Declarations of deceased relatives, or of a person who has married into the family, also evidence, unless made post litem motam 270-271 But declarations of deceased relatives in contemplation only of future controversy, though suspicious, are not rejected if the relator had no interest to serve Hearsay of acquaintance, servants, &c., not evidence, nor the tradition of the neighbourhood
Long enjoyment by a collateral or remote heir presumptive proof of his title
What testimony competent to prove a death without issue See DEATH. MARRIAGE.
Covenants for family provisions performed, when
Trust to purchase land presumed to be performed, where 101-102 PEWS.
Disposal of the pews in a parish church belongs to ordinary 293 Except where the pew is in an aisle which was built by the lord of the manor, or by the owner of a messuage within the parish, and the lord or owner of the house has always occupied such pew
Long possession of a pew by a non-parishioner no evidence. of title Long possession of a pew as appurtenant to a messuage rai- ses the presumption of a faculty, semble -
Contra, where the origin of the right appears
Long possession by a householder of a pew taken under a distribution of the pews by the rector and churchwardens after the rebuilding of the church, presumptive evidence that the distribution was made under proper authority - 296 PIN-MONEY. where husband and wife live to together, and he receives or retains her pin-money, wife can only claim one year's ar- rears at his death
Contra, where the parties have lived separate, or the wife has been of unsound mind
Portions charged on land, which have been unclaimed for twenty years, presumed to have been paid or released This presumption does not arise,
if the right has been meantime acknowledged where the party has been ignorant of his right where fraud has been used to prevent the assertion of it ib. Where a parent or person in loco parentis under a particular obligation to provide a child with a portion, gives a legacy to such child, the legacy, if equal to the portion, is a pre- sumptive satisfaction of it
Same rule applies to a provision made for the child by a sec- ond settlement, or to a portion on marriage Legacy, or other provision less than the original portion, a satisfaction pro tanto
The presumption of satisfaction obtains,
though the child be illegitimate, if he is acknowledged to be a child though the legacy or second portion is not payable at so early a period as the original portion where the bequest is of a general or particular residue though from slight peculiarities in the mode of gift the tes- tator's meaning is obscure, and the bequest admits of a construction favourable to the idea that it was intend-
though the father increases his fortune before the time of giving the legacy or providing the second portion The presumption rebutted,
where the legacy or second portion is given on a contingency, and the original portion is vested absolutely; and vice versa
where the two provisions are diversi generis where the subsequent gift does not in fact move from the parent, or is intended as an additional bounty, or is made for a distinct specific pur- pose
Parol evidence admissible to rebut the presumption, or to fortify it when impugned Settlements providing portions sometimes contain a declara- tion that advances to the children by the father shall whol- ly or in part discharge the portions. In such cases,
a gift of land not within the meaning of a proviso which only mentions pecuniary advancements
a gift of a dry reversion not within the import of the ex- pression "real estate"
land devised to daughters in tail, with remainder over to a stranger, so as to exclude the implication of cross remainders, no satisfaction of portions given to them with benefit of survivorship, though a proviso directs that such portions should be satisfied by a gift or de- scent to the daughters of an estate of inheritance 124 a devise in tail within the meaning of "a gift of lands of inheritance;" so is an advancement within the mean- ing of a portion on marriage or provision otherwise made"
a bequest of a residuary estate within the import of "a gift of money or land"
a gift of East India annuities, within the meaning of a gift of "money"
a provision by will within the meaning of an advance- ment in the parent's life-time
Contra, a distributive share under an intestacy Where a proviso of this kind allows the parent to declare that an advancement to a child shall satisfy that child's por- tion, the father, on making an advancement may declare himself to be the purchaser of the portion satisfied, and that it shall remain a charge on the estate for his benefit 126 See ADEMPTION.
Possession the criterion of title to personal chattels Ships, heir-looms, and quasi heir-looms, exceptions to this 28, notes (c) and (d).
Possession not the criterion of title to real estate But possession is important in equity as evidence of title,
.POSSESSION—(continued.) and is a defence against equitable claimants, where a purchase has been made from a vendor who possessed no documents of title or who being a trustee was able to conceal the trust
Mere possession also at law efficacious to support or de- fend ejectments against strangers
And where the question respects merely the interest which possession implies, the presumption is in favour of a seisin in fee
Possession for twenty years not a bar except as to cases di- rectly or constructively within the statute of limitations Possession for twenty years, where not a bar, prima facie evidence of title to land and of the deeds necessary to sup- port it 6, 186-193, 283-315 A less period than twenty years, coupled with other circum- stances, may have the same effect Possession for twelve years of an enclosed parcel of a ma- nor waste with the knowledge of the steward, presump- tive evidence of a license from the lord Possession for twenty years ground for admitting secondary evidence of deeds
The presumption of title from lapse of time is inappli- ble to
tithes and quit-rents, which have been retained merely
mines which have not been worked
The presumption of title from long possession does not arise
where the circumstances under which the posses- sion began are known, and the recent enjoyment only has been wrongful 14, 188-189 where the supposed grantor was under disability at the time the possession began, or was only tenant for life, or held only in virtue of an office where the party claiming is an alien, or a body cor- porate where the claim respects an incorporeal heredita- ment, and the exercise of the right has not been known to the opposite party, has been contest- ed, or is an encroachment on the rights of the public No length of possession by trustee bars his cestui que trust But possession for twenty years by a constructive trustee will deprive the opposite party from contesting the title 382 Possession for twenty years of a mortgaged estate, or of an estate otherwise pledged for re-payment of money, with- out acknowledgment of the equitable owner's title, a bar to the right of redemption 329-331, 350 Possession of an equitable estate, as of an equity of redemp- tion, for twenty years, a bar to adverse claimants 381-382
Heir at law by taking possession and holding for twenty years concludes the title of devisee of an equitable estate 413-
Long possession by a collateral or remote heir, presumptive proof of the justice of his title Long possession by a person who claims under a particular designation, presumptive evidence of his being the person he represents himself to be
See ADVOWSONS. COMMONABLES RIGHTS. LAND. LIGHTS. MARKETS. PAYMENT. PEWS. TITHES. TOLLS. WAYS. WATER.
Poverty, no answer to the presumption of long neglected de- mands being released
except in the case of vendors of reversionary rights Poverty rebuts the allegation of satisfaction as to bond debts unclaimed for twenty years, semble
Power presumed to be rightly executed PRE-EMPTION.
Right of pre-emption presumed to be waived, where not act- ed on within a reasonable time
Grant of right of presentation to a chapel of ease presumed, where
PRIORITY OF EXECUTION OF DEEDS. See EXECUTION. PRESUMPTION.
The principle of presumption defined
though not perhaps by non-user for merely twenty years 15,
PURCHASE. AGREEMENT. See Agreement. PURCHASE MONEY.
Purchase money for an estate presumed to be satisfied, or the lien discharged, after non-claim for twenty years, semble
Liability of purchaser to see to the application of purchase money determined, if the parties interested do not com- plain within twenty years
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