PURCHASES OF REVERSIONS.

Page

- 396

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.

- 397-399

Purchase by trustee, when made with the knowledge of the
beneficial owner, cannot be set aside after long acquies-

cence

-

390-393

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

or was under a legal disability

393-394

394

-

er 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

QUIT RENTS.

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.

298-299

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

197

- 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

Page

199-200

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

200

· 199

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

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

where the party is the vendor of a reversion, and has
ever since the sale been in embarrassed circum-
stances, semble

399

17, 397-399
But the presumption is not in general rebutted by proof
of poverty

See LACHES, Payment.

See CROSS REMAINDERS.
See COVENANTS FOR RENEWAL.

REMAINDERS.
RENEWAL.

RENT.

17, 384-385

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.

296

297-298

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

152

153-154

where the personal estate generally is given to them as

RESIDUARY PERSONAL ESTATE-(continued.)

executors in trust for specified purposes

Page
154, 162

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

155

154-155

156

161

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

157

157-158

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"

163

164

- 165

ib.

165-166

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

167

168

176

177

178

RESIDUARY PERSONAL ESTATE-(continued.)

Page

179

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

170

171

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

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
181-184

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

-

·

183

185

160

161.

161-162

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

167

ib.

RESIDUARY PERSONAL ESTATE-(continued.)

. 168

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

-

179

172

178

177

180

173

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

173-174

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

RESULTING TRUST.

175

ib.

422

422-423

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

Trusts do not result,

where they would contravene the policy of an act of

parliament

54

where an intention appears to the contrary
where nominee is a wife or child unprovided for

54-55

56

See ADVANCEMENT.