Зображення сторінки
PDF
ePub

Page

[ocr errors]

PURCHASES OF REVERSIONS.

Purchase of a reversionary or contingent interest for inade-

quate consideration, unimpeachable if vendor acquiesces in
the sale for long time without complaint

- 396
Contra, where vendor has ever since the sale been in

embarrassed circumstances, or only lately discovered
that the price was inadequate

397-399
PURCHASES BY TRUSTEES.

Purchase by trustee, when made with the knowledge of the

beneficial owner, cannot be set aside after long acquies-
cence

3904393
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 difficul-

ties at the time of sale, and has so continued, sed
quere

3934394
or was under a legal disability

394
cr was ignorant that the trustee was the real pur-
ehaser

394-395
where the parties interested are a body of creditors
or a religious sect

· 395
QUIT RENTS.

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

- 13, 298
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

298–299
RECITALS.

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

197
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

360
RE-CONVEYANCE. See DEEDS.
RECORDS.
Records secondary evidence of the deeds they recite 197
presumed, where

193, 199
RECOVERY.

Deeds making a tenant to the precipe, and declaring the uses

of a recovery, presumptive evidence of the recovery 201
Recovery of twenty years' standing, presumptive evidence of

-

RECOVERY-(continued.)

Page
the deeds making a tenant to the precipe

199-200
Contra, if inefficient deeds for such purpose are in ex-
istence

200
Recoveries not presumed from mere long possession 6, n. 193—194
Secondary evidence of a recovery admitted, where

199
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 41
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

399
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

17, 384-385
See LACHES, PAYMENT.
REMAINDERS. See CROSS REMAINDERS.
RENEWAL. See COVENANTS FOR RENEWAL.
RENT.

A receipt for rent lately due, presumptive evidence of pay-
ment of all former arrears

378-379
RENT-CHARGE,

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

296
Release of a rent-charge presumed after twenty years' non-
claim

297–298
REPUBLICATION.

Republication of a will presumable after long enjoyinent,
semble

264
RESERVATION.
Reservation of rights presumed, where

316
RESIDUARY PERSONAL ESTATE.

Residuary personal estate belongs at law to the executors 152
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

RESIDUARY PERSONAL ESTATE-(continued.) Page
executors in trust for specified purposes

154, 102
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

155
Quere, where they are not thus indiscriminately noti-
ced

154-155
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

156
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

161
where they are appointed to act within a certain district,
and for the performance of a single duty

157
where they are not appointed from motives of personal re-

gard, but on account of their situation in life, or occupa-
tion in business

157-158
where the residue is specifically given away to others,
though a lapse afterwards takes place

163
where it is given to trustees for purposes which are con-

trary to law, or too general and undefined to be carried
into execution

164
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

165
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

ib.
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 165-166
where a residuary bequest is become illegible, or has
been erased or cancelled by testator

167
where testator directs his personal estate “ to go accor-
ding to law”

168
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 176
where distinct specific legacies of equal worth are given to

the executors, or a specific legacy between them 177
where legacies are given to one or more of several exeeu-
tors expressly for his or their care and pains

178
where it is obvious that the appointment of one or more of

[ocr errors]

D

RESIDUARY PERSONAL ESTATE-(continued.) Page
the executors is merely to the office

179
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

170
where the residue is given to the executor for life 171
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

171
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

173
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

173

Exclusion of the executors when founded merely on a pre-

sumption may be repelled by evidence of testator's parol
declarations

. 180-181
What declarations are effectual to this end 181-184
Contra, where the exclusion is by necessary implication 183
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

185
The legal right of the executors is not affected,
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 reference to such trust

161
where the personal estate generally is bequeathed to them

" in trust in the first place to pay, and charged with debts
and legacies”

161-162
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 167
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

ib.

Page

RESIDUARY PERSONAL ESTATE—(continued.)

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

168
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

179
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

172
where unequal legacies are given to the executors, or lega-
cies to only some of them

178
where distinct specific legacies are given to them, which

are obviously of unequal value, or cannot be accurately
estimated

177
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

180
where the bequest to a single executor is of a life-interest
only in particular chattels, with remainder over

173
where the bequest to a single executor is an exception
from a legacy given to a stranger

173—174
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

175
where testator makes his wife executrix, and bequeaths to
her what was originally part of her own fortune

ib.
Executor or administrator cannot set up a title to the resid-
uary estate on the sole ground of long retention

422
But the delay of next of kin, with other circumstances

proving their quiescence to be deliberate, may afford
the presumption of release, semble

422—423
RESULTING TRUST.

Where purchaser takes the conveyance in the name of a
stranger, a trust results

52
Where creditor takes a security in the name of a stranger
a trust results

53
Purchase by two persons in the name of one of them belongs

beneficially to both parties according to their respective
advances

ib.
Trusts do not result,
where they would contravene the policy of an act of
parliament

54
where an intention appears to the contrary

54-55
where nominee is a wife or child unprovided for 56

See ADVANCEMENT.

« НазадПродовжити »