Purchase of a reversionary or contingent interest for inade- quate consideration, unimpeachable if vendor acquiesces in the sale for long time without complaint Contra, where vendor has ever since the sale been in embarrassed circumstances, or only lately discovered that the price was inadequate PURCHASES BY TRUSTEES.
Purchase by trustee, when made with the knowledge of the beneficial owner, cannot be set aside after long acquies-
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
The inference in favour of the purchaser from lapse of time does not arise,
where the beneficial owner was in pecuniary difficul- ties at the time of sale, and has so continued, sed quere
or was under a legal disability
er was ignorant that the trustee was the real pur- ehaser
where the parties interested are a body of creditors or a religious sect
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 in old deeds of more ancient conveyances, seconda- ry 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 ev- idence of the lease
- 201-203 Recitals in old deeds of matters in pais or pedigree, presump tive evidence if the enjoyment has been conformable 269 RECOGNIZANCES.
Recognizances dormant for twenty years presumed to have been satisfied
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
RECOVERY-(continued.)
the deeds making a tenant to the precipe
Contra, if inefficient deeds for such purpose are in ex-
istence Recoveries not presumed from mere long possession 6, n. 193—194 Secondary evidence of a recovery admitted, where REDEMPTION. See EQUITY, OF REDEMPTION. REGISTRATION. ·
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 28, n. (a), 54 RELATIONS.
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 Long delay in urging a demand, with other circumstances, may afford the presumption of a release, though the de- mand 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
where the party is the vendor of a reversion, and has ever since the sale been in embarrassed circum- stances, semble
17, 397-399 But the presumption is not in general rebutted by proof of poverty
See CROSS REMAINDERS. See COVENANTS FOR RENEWAL.
A receipt for rent lately due, presumptive evidence of pay- ment of all former arrears
Grant or conveyance of a rent-charge presumed after twenty years' enjoyment
Release of a rent-charge presumed after twenty years' non- claim REPUBLICATION.
Republication of a will presumable after long enjoyment, semble
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
where the personal estate generally is given to them as
RESIDUARY PERSONAL ESTATE-(continued.)
executors in trust for specified purposes
where the personal estate is given to the "executors here- inafter named," or to persons, who being appointed ex- ecutors in a subsequent part of the will, are noticed indis- criminately in declaring the trusts of the bequests as ex- ecutors and trustees
Quere, where they are not thus indiscriminately noti- ced
where testator indicates his belief that he imposes a mere office, and intreats the executors to accept it 155-156 a 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 reimbursements 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 where the residue is specifically given away to others, though a lapse afterwards takes place
where it is given to trustees for purposes which are con- trary to law, or too general and undefined to be carried into execution where testator declares his intention to despose 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 disposition of certain parts of testator's estate where a residuary bequest is become illegible, or has been erased or cancelled by testator where testator directs his personal estate "to go accor- ding 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 exeeu- tors expressly for his or their care and pains where it is obvious that the appointment of one or more of
RESIDUARY PERSONAL ESTATE-(continued.)
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 executor, or to a trustee for him, and whether by the instrument containing the appointment, or by one sub- sequent 168-171
Quere, whether the same rule holds where the exe- cutor 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 158-159 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 declarations
What declarations are effectual to this end Contra, where the exclusion is by necessary implication 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, where they are made trustees of a particular fund only although there are provisions for reimbursement, &c., or legacies are given for recompense of their trouble in reference to such trust
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 de- clared to be in trust 162 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 in- tention to make a general disposition of his property, and there is no residuary bequest
RESIDUARY PERSONAL ESTATE-(continued.)
Page 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 where the residue is expressly bequeathed to them, though previously called trustees, or legacies are giv- en to them for their trouble 163, 176, 179 where testator shows his apprehension, that notwith- standing the gift or legacies, they would take the res- idue beneficially
- 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 estimated
where legacies are given to two of three executors for performing 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 where an annuity is bequeathed to a single executor charg- ed on a fund given subject thereto to a stranger 170, 174 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 resid- uary estate on the sole ground of long retention But the delay of next of kin, with other circumstances proving their quiescence to be deliberate, may afford the presumption of release, semble
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
where they would contravene the policy of an act of
where an intention appears to the contrary where nominee is a wife or child unprovided for
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