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$29. Transfers the Freehold by Diffeisin
32. Creates a Discontinuance
33. And also a Forfeiture
34. Of a Gift
35. Of a Grant
39. No technical Words necessary
41. Who may convey by Grant
43. Operation of a Grant
Page
. 108
• 110
. ibid.
• III
. 112
- ibid.
ibid.
. 115
• 116
. 118
• 119
120
CHAP. VII.
Of a Leafe.
g 1. Description of
3. No technical Words -necessary
5. Must have a certain Beginning and Continuance
10. May determine on Breach of a Condition -
11. Who may make Leases . . .
12. Joint-tenants, Co-parceners, and Tenants in Common
13. Tenants in Tail
17. Husbands seised jure uxoris
18. Ecclesiastics seised jure ecclefie
20. Circumstances required in these Leases
41. Tenants for Life
44. Tenants in Dower, and by the Curtesy
45. Tenants for Years
47. Guardians in Socage
48. Executors and Administrators
49. Who are incapable of making Leases
50. Infants
53. Married Women
54. Of void and voidable Leases
CHAP. VIII.
of an Exchange, Partition, Release, and Confirmation.
§ 1. Of an Exchange - - - - - 139
4. Implies a Warranty
5. Can only be between two Parties
• 141
7. Who may exchange - - - - 142
$ 8. Of
140
08. Of a Partition
11. Of a Release
13. Operative Words
15. Different kinds of Releases
16. Mitter P Estate
20. Mitter le Droit
22. By Enlargement
36. By Extinguishment
39. What may be released
42. Of a Confirmation
,
CHAP. IX.
of a Surrender, Alignment, and Defeazance.
1. Of a Surrender
3. No technical Words necessary
4. Nor Livery of Seisin.
5. Must be in Writing :
8. What Eftate necessary
15. Of an Assignment
18. No technical Words necessary
20. Must be by Deed
21. What may be assigned
24. Of a Defeazance
• 155
• 156
- 157
• 163
• 161
- 162
- 163
Ø 4. What Words necessary
9. Who may convey by Bargain and Sale
15. What may be conveyed by -
22. What Confideration necessary
26. Must be inrolled .
84. Exception.— Lands in Cities and boroughs
37. Relation of the Inrolment -
187
. CHAP. XII.
Of a Covenant to stand seised.
§ 1. Nature of .
.. . - - 185
2. What Words necessary
- 186
7. Who may covenant to stand seised
8. What may be conveyed by -
12. What Confideration necessary
188
25. A Rent may be reserved on a Covenant
- 192
27. The Eftate continues, until a Use arises
- ibid. 28. A Bargain and Sale, and Covenant to stand seised, do not devest any Estate
· 193
31. No Uses can be declared on these Conveyances · 194
Of Declarations of Uses.
§ 1. Origin and Nature of . -
7. Must be in Writing - -
10. Exception . . . .
11. No technical Words necessary
-
- 205
- 208
. . 210
Ø 13. How
211
219
( 13. How the Lands should be described
. 210
14. No Confideration necessary. .
15. Declarations of Uses, made prior to Fines or Recoveries - 212
20. Declaration of Uses, made subsequent
23. Who may declare Uses
- - 220
24. The King · · ·
221
25. Married Women
33. Infants
• 224
37. Idiots and Lunatics
. 226
38. The Right to declare Uses is co-extensive with the Estate ibid.
41. Uses may be declared on a Lease and Release - - 227
CHAP. XV.
Of Powers of Revocation and Appointment.
1. Nature of .
- - 228
3. Division of Powers
• 229
4. Powers, relating to the Land
5. Powers appendant
· ibid.
7. Powers in gross
• 230
9. Powers collateral . .
• . ibid.
12. By what Words created
• 231
18. A Power of Appointment implies a Power of Revocation
but not è contra
- 232
19. A Power of Appointment includes a Right to reserve a
new Power
· 233
21. Exception. — Powers collateral
· - 235
23. To whom Powers may be given
-. . ibid.
24. Infants - -
26. Married Women
• 236
33. Who may be Appointees
- 241
34. A Power of Appointment does not suspend the vefting
of Remainders. · · · · ibid.
CHAP. XVI.
Of the Execution of Powers.
1. May be restrained by Circumstances
• 246
10. Where the particular Instrument is specified, it must be
adopted
- 250
$ 12. A
$12. A Power given generally may be executed either by Deed
or Will. .. - - - - 251
15. But they must be properly executed . - 254
17. Exception
- - 255
20. A Will, made in execution of a Power, retains all its
Properties
• • 256
23. The Power need not be recited
- - - 257
27. But the Instrument must refer to the Estate • 259
29. A Power may be executed by several Instruments - ibid.
31. And at different Times - - - 260
34. An Appointment may only be a Revocation pro tanto • 261
37. An Appointment may give a lesser Estate - - 262
41. An Appointment must not be illusory . . 263
48. A Condition, annexed to an Appointment is void . 268
50. An Appointment to Persons, not objects of the Power,
is void . - - - • 269
55. A Power cannot be delegated -
• 273
57. Unless there are special Words
59. In what Cases an Instrument operates as an Appointment 275
61. Effects of the Execution of a Power . . 281
68. Will not defeat a prior Estate
. . d 285
- 274
. CHAP. XVII.
Of Powers to Jointure.
§ 1. Origin of
• 287
2. Construction of the Words, not exceeding the clear
yearly Value
- - - ibid.
6. Power to limit a Jointure proportioned to the Wife's
Fortune
- 280
CHAP. XVIII.
Of Powers to Lease.
2. Conftrued strictly
5. Restrictions annexed to leasing Powers
6. ift, As to the Instrument
8. 2d, As to the Lauds to be leased
• 293
• 294
- 295
- ibid. - - 296
§ 23. 3d, As