condition, or by reason of the warranty annexed to an exchange, is not devisable. However, the right to sue in equity by reason of a trust, or an equity of redemption, &c. or of a conveyance obtained by fraud or against conscience, is devisable; and the trust is devisable, although the legal estate of the trustee may be turned into a right of entry or of action. 1 Leon. 237. So a will may operate by express words on a term of years, and possibly, in equity at least, on an estate for lives to be afterwards purchased, so as the lease for lives be limited to the executors, or so as no special occupant be named. Also copyhold lands purchased after a will may, by the express language of a surrender to the use of a will be subjected to the dispositions of a will. Heyley v. Heyley, Cowp. 130; 3 Prest. Abstr. 177. And even freehold lands may, by express uses, be subjected in like manner to the dispositions of a prior will, or rather to the like dispositions. Moore, 789. But see Doe v. Dilnot, 2 New Rep. 401, that the words "shall appoint, &c." will not give effect to an existing will. And in equity, under the doctrine of election, the heir at law may be bound to give effect to the dispositions of his ancestor's will, even as to after-purchased lands. Woodford v. Thellusson, 13 Ves. 209. 2dly, A disposition, after a will has been executed of a partial estate, will be a revocation pro tanto only thus, a lease for years, a gift for life, or in tail, will be a revocation of the will, or annul it pro tanto only; the ulterior interest will be subject to the dispositions of the will. And as to copyhold lands, a surrender to uses, although the ultimate fee be limited to the surrenderor in fee, or to his right heirs, being his old ownership or dominion, will remain, subject to the dispositions of the will. Thrustout v. Cunningham, 2 J. Black. 1046; Vawser v. Jeffery, 3 Barn. & Ald. 462. So a conveyance in fee, by way of mortgage, or on trust for sale, merely for the particular purpose of securing money, would, in equity, be a revocation pro tanto only. But a conveyance in fee of freehold lands to uses will be a total alteration of the estate, and a revocation, although the party take back the fee as part of his old use. Earl Lincoln's case, 2 Freem. 202. So articles to settle the fee to uses, although the ultimate fee is to remain with the settlor, will, in equity, be a total revocation of the will. Most of these revocations are by alteration or new modification of estate; others are rather by reason of change of intention than alteration of estate. Thus a grant of the fee, void for want of livery, enrol ment, &c. will be a revocation, although the estate be not altered. The change of a legal fee into an equitable fee, will be a revocation. But the change of an equitable fee into a legal estate will leave the will in full operation; i. e. it will be good in equity, and the heir at law will be a trustee for the devisee. But any new modification of this beneficial ownership, as by creating limitations in strict settlement, uses to prevent dower, &c. altering the nature of the uses, &c. existing at the date of the will, will amount to a revocation. If a man who has contracted to purchase, and devised his equitable fee, take a conveyance to uses to prevent dower, this modification of his ownership will effect a revocation. A mere partition, and this is an anomaly, will not be a revocation of a will; but any new modification of the uses will be a revocation. And a contract to sell, exchange, &c. settle, &c. will be a revocation in equity, though the will may remain in operation at law; and in these cases the devisees will be trustees for the persons entitled to the benefit of the contract, &c. As a general rule, every act which would be a revocation at law, will be a revocation in equity; with the exception, that a conveyance obtained by fraud, or by way of mortgage, though a revocation in law will not be a revocation; or will be only a partial revocation, or as it is termed, pro tanto, in equity. And a will which has been revoked, may be brought into operative force by republication. The cases are collected by Powell on Devises, p. 532; Appendix, 540. The note on attestation is embodied into the text at p. 434. INDE X. ABATEMENT' of seisin, 196. of office, by executor, 466, 467, 468. Account, 357. (358, n. 6.) see Executor. Acre, how computed, (12, n. 58 & 59.) 96. cause of, arising in several counties, 213., arising in lifetime of testator, 472. Ademption, (453, n. 11.) Administration. see Administrator. letters of, 408. 453. by whom granted, 462, 463, 464. to whom granted, 463, 464, 465. 481. when granted, 462. 474. void or voidable, 462, 463. 492. in case of specialties, 463. to persons working in the king's dock yards when revoked, 401. 474. 491. 492, 493. how granted, 464. limited to a particular time, 460. (490, n.83). on condition, 491.493. suspended, 492. de bonis non, 461, 462. 465. his power, 474. 490. 493. his power limited, 491. (n. 85.) 493. Administratrix, infant, who marries, 491. grant of, 238. no entail of, 41. devise of, for what time, 448. Apparel, livery, &c. 242. Appearance, evidence of, before the court, Appendant, 76. 83. 89. 208. 252. 503. Apportionment of rent and services, 151, of a condition, 152. 157. 159- Appurtenances, 89, 90. 94. 246. Arrears of rent, 469. 482. Assent to legacy, by an executor or admini- necessity of, 402. Assets, (108, n. 24.) 496. see Executor. what are, (449, n. 5.) 463. 496, 497, 498. equitable, 475. (477, n. 56.) (480, n. 62.) Assignments, 266. 268. 274. 276. see Lease. Assignee. see Warranty. Covenant. of bankrupt, may maintain a real action, of choses in action or of mortgage, 70. 79. who may take advantage of a condition, in exchanges, 290. Assigns, 170. how bound by a statute, (263, n. Assurance. see Conveyance. 8.) how it shall enure, 205. see Construction. covenant for further assurance, 172, 173. Astutia of judges, 89. Attainder, 187. 192. 202. Attainted person, 204. (231, n. 13.) 235. of wills, 431. Attorney, 211. 217, 218. letter of, to enable one to execute, in the actual or implied, 253. 262, 263, 264. necessary for what purposes, 254, 255, tenant compelled to attorn, 254, 255. 265. privity, 256. 258, 259. by whom made, 258, 259, 260. at what time, 260. requisites, and what a good attornment or Attornment, by acceptance, 262. construction of attornment, 265, 266. Authority, 239. see Executor. must be strictly pursued, (218, n. 34.) 219. revoked by death, 209. 212. in case of a corporation, 212. may be given to do an act after death cannot be released, 71. 139. 322. 329- cannot without authority be delegated, 449- Avoidance, (90, n. 88.) 230, 231. 241. Advowson. Award, 119. 378. see consideration in, (221, n. 1.) 222. (283, indenture necessary, 221, (222, n. 7.) 223. rent or condition reserved, 221. innocent conveyance, (221, n. 2,) (222, n. 3.) sufficient words, (228, n. 8.) of a term, 223, 224. enrolment, where and when, and on what copy of, (224, n. 12.) death of parties before enrolment, 224. may enure as a grant, 224. may enure as a covenant to stand seised, of personal property, what alters the pro- construction of a bargain and sale, 106. enrolment relates to date of deed, (226, difference between estate passing by bargain of term, 448. specific, 447. Bishop, 237. of London, his jurisdiction, 463. Bona notabilia, 462. (463, n. 32.) 492. 499. (500, n. 95.) Chattels. see Deeds. what pass by, 97, 98. 231. 244. Child, joint-tenant with its parent, 235. 415. Claim, different periods of, 21, 22, (23, n. 11.) Codicil, 399. 411. its effect and operation, (401, n. 3.) Commencement of estate, (108, n. 25.) 109. Common, right of, 230, 231. 238, 239. 243. 245, 246. fine by tenant in common, 14. Composition of debts, 498. form of, 15, 16. 18. substantial part of a fine, 15. must acknowledge the right in one, 15. right acknowledged to two and their heirs, |