COVENANTS FOR RENEWAL-(continued.)
right accrues to require performance
No answer that the covenantee was not aware that the
time to require a renewal had arrived
Coverture an answer to presumptions from lapse of time
CREDITORS.
Presumptions of the release of demands from lapse of time
not made where the parties entitled are a body of credi-
Purchase by trustees of an estate sold for payment of debts
may be set aside by the creditors at any distance of time 395
Creditors not bound by the distribution of a testator's estate
among the legatees, &c., but may compel them to refund
426-427
at any distance of time, semble
Contra, if the creditors are aware of the distribution at
the time much more if the legatees afterwards sell
· 425-6, 427
the property bequeathed to them -
Trustees committing a breach of trust liable to make good
losses thence arising after any lapse of time, if the cestu-
430-431
is que trust are a body of creditors
Charge on land for payment of debts not affected by the cre-
ditors' delay, while the estate continues in the hands of
the heir; nor is their right against the heir determined in
respect of the purchase money, if he sells the estate 431-
432,n.
But purchasers from the heir will be protected, if the
delay of creditors is great
CROSS REMAINDERS..
Cross remainders not raised by implication in deeds
Presumption in favour of cross remainders where a devise is
made to two persons as tenants in common in tail
Presumption against cross remainders in devises to more
than two as tenants in common in tail
These presumptions now little regarded, the intention
only is consulted
Licence from the crown to occupy a tenement presumed
- 6, n.
from long enjoyment
Grants from the crown presumed after long enjoyment, 6 n., 193,
302, 303
Deed of enfranchisement of a copyhold presumed from the
crown after long adverse possession
Absence abroad for seven years without interim account,
-279-281
presumptive evidence of death
What testimony is competent to prove the absence, &c. 280
Title dependent simply on a death may be accepted by a
purchaser after twenty years from the time when the par-
ty was last heard of, semble
DEATH-(continued.)
Death of a first husband presumed in order to legitimatize a
child by a second marriage contracted twelve months on-
ly after the first husband was last heard of
Specialty debts presumed to be paid or released after twen-
ty years' non-claim
Simple contract debts, not within the statute of limitations,
presumed to be paid or released after twenty years' non-
claim
Debt presumed to be satisfied by a pecuniary legacy to the
creditor of equal or greater amount and payable imme-
diately
although the creditor is the testator's wife or child
or his servant, semble
though the debt is in fact a legacy, which the testator
as the executor of a third person owes to the legatee-
creditor
The presumption of satisfaction rebutted,
where the legacy is of less amount than the debt
where it is not payable equally soon
where it is not ejusdem generis
where it is an annuity or life interest, or a contingent or
determinable interest
where the particular motive for giving the legacy appears 110
where testator specifically directs the payment of his
where the debt is incurred after the gift of the legacy
where the debt is secured by a bill of exchange, or a ne-
gotiable promissory note
where the debt is a balance in favour of the testator upon
a running account between him and the legatee unclos-
ed at the time of testator's death
The presumption may be repelled by parol evidence of in-
Parol evidence also admissible to fortify the presump-
tion when impugned
Debt to a child presumed to be satisfied by a portion or
advancement
See CREDITORS. DEMANDS. PAYMENT.
RELEASE.
Claims under decrees not enforcible after twenty years' neg-
lect..
DEDICATION.
Dedication of a right of road in a thoroughfare presumed af-
ter long user of it by the public
Whether the same rule applies to a cul de sac, quere, 321
DEDICATION-(continued.)
The presumption from long-user not rebutted,
though the road be circuitous, and there is a direct road 320
or the road was at first intended for private convenience
only
though the land of which the road forms part has been in
the hands of a succession of tenants,-unless the land-
lord's knowledge of the user be clearly proved
Right of the public limited by the mode of actual enjoyment 321
The presumption of dedication does not arise
where the immediate owner in possession at the time
when the user began, had only a particular estate 324
or was under a legal disability, semble
where a gate, bar, or chain, was put up at the time
when the road was laid down, in order to exclude
the public
Right of the public lost by long non-user
Deeds of conveyance and grant presumed after long adverse
enjoyment
5-6, 186-188, 283-316
a conveyance from one of two tenants in common
to his companion
a conveyance from the lord to a copyhold tenant of
the freehold of copyhold land -
a conveyance or release of an equity of redemp-
tion,
The presumption in these cases does not arise if the
commencement of the possession can be accounted
for, and twenty years have not elapsed since the
cause for entry into possession terminated - 188-189
Surrender of freehold to tenant in tail in remainder presumed
in order to support an old recovery
unless it appears that the estate of the freeholder ex-
isted after the recovery was actually suffered 190-191
Deeds making a tenant to the precipe presumed to support a
recovery suffered twenty years before
199-200
unless defective deeds for such purpose actually exist 200
Bargain and sale for a year, the basis of an existing release,
presumed after twenty years, semble
Demise or other deed creating an old term, of which subse-
quent assignments are in existence, presumed
Deeds carrying back a title sixty years presumed, where
there are recitals of such deeds in more recent instruments 205
Deeds necessary to have altered the quantity of interest
vested in the earlier proprietorsof a family estate presumed,
where for several generations, they have treated it as pos-
sessing a different interest, semble
Deeds conveying the legal estate, when otherwise such le-
gal estate would be outstanding, presumed,
where there is a chasm between an instrument creating
a trust, and a conveyance thirty or forty years old
from persons described as then trustees to trustees
newly appointed
where there is a chasm between the creation of an old
term and modern assignments of it
where an estate is given to trustees to convey at a
specified time, or on the happening of a specified
event, or immediately after the completion of specifi-
ed purposes,
where an estate is given to trustees for a temporary
purpose only, and a trust to re-convey arises by im-
plication
210-217
This rule inapplicable where the object of the
trust is not plain, or where the estate was only
under covenant to be conveyed to certain uses,
and has been so enjoyed
unless there are other circumstances creating
per se the presumption of a conveyance 221
Nor where the trustees would by re-conveying
commit a breach of trust
Re-conveyance of the legal estate on satisfaction of an old
mortgage in fee presumed
The presumption in none of the preceding cases is rebutted,
if the presumed deeds affect lands in the register counties,
from the mere want of the registration, semble
Deeds of release or discharge as to old claims presumed
from long delay in asserting them 8, 187-188, 352, 367,
Deeds presumed to have been properly executed, 34-36, 260-
of thirty years old admitted in evidence without proof
of execution
of less age admitted in evidence without proof of ex-
ecution, if the witnesses are dead, and the enjoyment
has been conformable
Secondary evidence of deeds, what is
Deeds twenty years old making a tenant to the precipe pre-
Demands though admitted not to have been satisfied, yet if
founded in very old transactions, presumed never to have
existed, semble
See LACHES. PAYMENT. RELEASE.
Deeds of demise for long terms presumed, where there are
recitals of such deeds in existing assignments, and the
possession has been accordingly
Right to an issue of devisavit vel non lost by twenty years'
delay
DEVISEE.
Devisee presumed to accept the property devised to him 32
Right of devisee of an equitable estate lost by permitting
testator's heir to take possession and hold for twenty
Recognised legal disabilities answer to presumptions from
lapse of time
Grantees and devisees have power to disclaim
Disclaimer be made by parol, semble
Heir at law of grantee or devisee whose acceptance cannot
be proved or presumed, may disclaim, semble-
Disseisin of a trustee by his cestui que trust presumable, if ne-
cessary, semble
Erroneous distribution by executor or administrator, (the
parties really entitled being ignorant of their rights) may be
set aside at any distance of time, if the res titution of the
funds produces no extraordinary hardship
Contra, if the parties entitled were aware of their rights,
or the hardship on persons making restitution would
be extreme
Every presumption admissible to repel dormant rights
DOUBLE LEGACIES.
Where a specific article is twice given, whether in the same
instrument or in different instruments, the bequest is only
single
Where double pecuniary legacies or annuities of equal amount
are given by same instrument, although in some respects
differently modified, or payable at different times, legatee
is entitled to only one of them
141-142
Contra, if the legacies or annuities are of unequal a-
mount, or given for different causes, or the second is
given as an additional bounty
Legacies by separate instruments, whether the second is equal
to, greater, or less than the preceding, prima facie accu-
mulative
A fortiori, if the second legacy is given for a different cause,
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