PAROL EVIDENCE-(continued.)

to rebut the presumptive exclusion

Page

of executors from the residuary estate
Contra, to repel the constructive exclusion of the execu-
tors by necessary implication

181-184

183

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

185

· 198

358-365

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

PARSON.

-

Presumption in favour of title from lapse of time rebutted
where the supposed grantor held only as the incumbent of
a living

PAYMENT.

342

- 15

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

377

377

378

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

PEDIGREE-(continued.)

What testimony competent to prove a death without issue
See DEATH. MARRIAGE.

PERFORMANCE.

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

-

ib. n.

294

- 295
295-296

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

368

369

Contra, where the parties have lived separate, or the
wife has been of unsound mind

PORTIONS.

Portions charged on land, which have been unclaimed for
twenty years, presumed to have been paid or released
This presumption does not arise,

369

369

- 370

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,

-

116

116-117

116, n.

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-

117
118

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

120

· 120

. 121

122

122, 123

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"

123

123

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"

66

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

125

126

125
126

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.

27, 28

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,

- 28

63

.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

Page

ib.

29

ib.

11

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

12

439

196

13, 286, 298

The presumption of title from long possession does not
arise

-

14-15

15

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

15-16
380

POSSESSION-(continued.)

Page

Heir at law by taking possession and holding for twenty
years concludes the title of devisee of an equitable estate 413-

414

276-277

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

POVERTY.

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.

Power presumed to be rightly executed
PRE-EMPTION.

278

17

ib.

366

35, 37

Right of pre-emption presumed to be waived, where not act-
ed on within a reasonable time

PRESENTATION.

402-403

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.

314, 327

Purchase money for an estate presumed to be satisfied, or the
lien discharged, after non-claim for twenty years, semble

375-376

Liability of purchaser to see to the application of purchase
money determined, if the parties interested do not com-
plain within twenty years

432, 433