I will my feoffees shall stand seised to the use of A. 1 Rol. 611. 1. 10. Though they cannot stand seised to such use. R. Dy. 323. 1 Rol. 611. 1. 15. Though he had not any feoffees of that land; for his intent appears, that A. shall have the land. R. 1 Rol. 611. 1. 20. Mo. 280. A. B. did declare, that his brother and his heirs should be heir to his land, being written by a stranger, and signed by A. B. was sufficient. R. 1 Sid. 362. If A. covenants to levy a fine of land to such uses, and does not levy it, but by his will confirms all estates granted by such deed; it will be a good devise, though only intend to be granted. R. 1 Sal. 225. If he says, my younger son shall grant a rent out of such land, to B; it is a devise of the land to the younger son. 2 Rol. 478. I promise to entail the land to B. and the heirs of his body, &c. amounts to a devise. R. 2 Rol. 478. A devise to A. and his heirs, to the intent that he permit B. to take the profits for his life, and after his death to stand seised to the use of the heirs of the body of B. will be a devise executed in B. in tail. R. Lut. 824. Sal. 679. So, if a man devises the rents and profits of land: the land itself passes. Vide 1 Sal. 228. Or, gives authority to A. to take the profits of the land until he be paid 400l. Al. 45. Or, devises that A. receive the rents by the hand of his executor; it will be a devise to the executor in trust for A. Per 2 J. Holt cont. 5 Mod. 63. 103, 104. Said to be, per 2 J. cont. Holt. acc. 1 Sal. 228. Or, that his executor shall have the rents and profits for the maintenance of his children until the full age of his son: it will be a devise to the executor. R. Cart. 25. But a devise that his executor shall sell, does not amount to a disposition, but gives an authority only. Mod. Ca. 111. So, if A. devises lands to his son at his age of twenty-four, and that B. shall have in the mean time the oversight and dealing of the said lands; B. has only an authority. R. Mo. 774. A devise of money to his wife, to pay for land, which with land in A. is estated on my wife, and is in full of her jointure, is not a devise of the land to her. R. per 3 J. Powel cont. 2 Vent. 57. 3 Lev. 259. (N 2.) By what words lands pass in a devise, [and to whom.] Vide supra, (I-K.) What description is sufficient to pass lands in a grant. Vide Fait, (E 4.)- Grant, (E 1, &c.) which he willed that his feoffees should make an estate to W. N. and the heirs of his body; which was adjudged to be a good devise of an estate tail to W. N. the intention being clear. Bro. Abr. Devise, pl. 48. 2. So where A., seised of lands in fee, and having issue two sons B., and C., devised several estates to B. his eldest son, and directed that B. should renounce all his right in Blackacre, of which the devisor was then seised, to C.; this was adjudged to be a devise to C. L. R. 127. - 3. So where a person, after giving by his will an annuity of 2001. a-year to his wife, and 6000l. to each of his younger children, his just debts being first paid, appointed three persons as trustees of inheritance for the execution thereof;" this was held to be a devise of the testator's real estate to the trustees. 1 Dow. 102. · In a devise such description, by which the intent of the devisor may be collected, is sufficient: as, (g) if a man devises 201. a-year out of his lands, without saying, what part; the devisee shall take so much in common with his heir. Lit. 218. Dy. 280. b. in marg. If he leases land for 10l. rent, and as concerning the disposition of all his lands and tenements devises his rent of 107. in A. to his wife; she shall have the land itself by this devise. R. 2 Cro. 104. Mo. 771. Though by the same will he devises other land which was in lease, by the name of his land. Vide Mo. 772. If he devises all his lands; fee-farm rents, issuing out of those lands, and which were afterwards purchased by the devisor, pass. R. Eq. Ca. 78. (h) Vide infra. Absolute disposal. See 8 Ves. 604.- -3. All 8 Ves. 604. 5. All (g) 1. As to the force and import of the following terms : 2 Eden, 87. 1 Bro. P. C. 476.- 2. All my estate. Cowp. 299. my rents. Cro. Jac. 104.-4. All I am worth. 1 B. C. Č. 457. and every other my lands, tenements and hereditaments. 8 Ves. 256.-6. And or, Cro. Eliz. 525. Moor, 422. Pollexf. 645. 2 Str. 1175. 2 Atk. 193. 643. 390. 1 P. Wms. 3 Atk. 86. 193. et id. n. 390. 6 Cruise, 434. 185. 5 Atk. 408. 1 Ves. 217. 2 Ves. 249. 1 Wils. 140. 3 T. R. 470. 3 Ves. 450. 545. 6 Ves. 341. 557. 7 Ves. 458. 1 B. P. 215. 1 Cox, 112. 2 Cox, 213. 9 East, 366. 1 N. R. 38. 1 Taunt. 174. 6 T. R. 30. 12 East, 288. 7. Bankruptcy. 6 T. R. 684. 8. To be begotten. 10. Child, grandchild, issue, son, &c. Amb. 397. 701. 5 Burr, 2703. Cowp. 314. 7 T. R. 322. 124. 1. M. & S. 9. Charity, 9 Ves. 399. Amb. 605. 2 B. C. C. 33. 2 Ves. J. 673. 3 Ves. 232. 421. 530. 6 Ves. 43. 345. 7 Ves. 522. 10 Ves. 166. 176. 195. 327. East, 120. 2 Eden. 194. 4 Ves. 437. 692. 5 Ves. 13 Ves. 340. 1 Cox. 248. 1 V. & B. 422. 462. 1 Cox, 250. 2 Mer. 419. 12. Dying 2 2 Cox. 184. 190. 1 B. & B. 459. 462. 483. 486. 499. 469. 2 V. & B. 313. 3 V. & B. 59. 67. 69. 113. 1 Mer. 654. 2 Mod. 124. 166. 2 Mer. 382. Dick. 344. 1 Eden, 64. 1 B. C. C. 550. 2 B. C. C. 68. 230. 658. 3 B. C. C. 148. 347. 352. 434. 367. 391. 416. 4 B. C. C. 55. 1 Ves. J. 405. 3 Ves. 257. 609. 5 Ves. 136. 335. 10 Ves. 152. 166. 11 Ves. 238. 2 Cox, 258. 38. 19 Ves. 125. 18 Ves. 288. 15 Ves. 365. 125. 2 Cox, 384. 425. 1 Mer. 320. 1 Mad. 290. 2 Vern. 545. 1 L. R. 205.-11. Death. Swanst. 161.without issue. 12 East, 253. 3 East, 302. 491. 1 Ves. 562. 10 Ves. 562. 17 Ves. 482. 1 B. & B. 1.. 13. Effects. 13 Ves. 39. 15 Ves. 326. 507. Cowp. 299. Vide infra.-14. Estate. 1 Salk. 236. 6 T. R. 610. 11 East, 246. 2 V. & B. 222. Atk. 38. 3 Atk. 486. Amb. 155. 216. 12 Mod. 592. 1 T. R. 659. n. 8 Ves. 604. 9 Ves. 137. — 15. Family. 5 Ves. 159. 8 Ves. 604. 9 Ves. 319. Cooper, 117.-16. Furniture. Amb. 605.—17. Goods. 2 Ves. 163. 3 Atk. 63. 1 P. Wms. 267. 2 P. Wms. 302. 1 Atk. 171. 177. 180. 182. 1 Ves. 273. 1 B. C. C. 127. 11 Ves. 666. 18. Heir, 2 Vent. 311. 1 P. Wms. 229. 3 Bro. P. C. 60. 454. 2 P. Wms. 1. 369. 2 Blk. 1010. 4 Ves. 326. 766. 794. 2 Atk. 89. 580. 3 East, 533. 5 Burr, 2615. 11 Mod. 189. 8 Vin. Abr. 317. 1 T. R. 630. L. R. 185. – 19. Item. 1 Atk. 457 1 Salk. 234. 239. Atk. 259. 20. Legacy. 5 T. R. 716.-21. Next of kin. 3 East, 278. 15 Ves. 536. 4 Ves. 649. 12 Ves. 433. 15 Ves. 109. 3 B. C. C. 64. 14 Ves. 372. Cooper, 272.-22. Last will. 7 T. R. 138. 23. Messuage and house. Cro. Eliz. 89. 2 Ch. Ca. 27. 2 T. R. 498. 1 B. & P. 53. 24. Name and blood. 15 Ves. 92.-25. Relations. Vide supra, Child. 2 Ch. Rep. 146. 394. Pre. Ch. 401. C. T. T. 215. 1 P. W. 327. 2 Ves. 527. Amb. 70. 507. 595. 636. Dick. 50. 380. 1 B. C. C. 31. Amb. 397. 3 B. C. C. 64. 234. 2 Vern. 381. Amb. 708. 3 Ves. 231. 19 Ves. 323. 324. 1 Cox, 234. 1 Taunt. 165. 3 Mer. 689. 5 Ves. 529. 16 Cooper, 275. 26. Rents and profits. 2 V. & B. 65.11 Ves. 330. 14 Ves. 364. 15 Ves. 406. 18 4 B. C. C. 207. 1 Ves. J. 63. 27. Servant. 451. 29. Stock. 15 Ves. 319. 4 Ves. 751. 8 Ves. 10. 17 Ves. 482. 6 Taunt. 213. 33. What I may die possessed of. 8 Ves. If A. has the reversion of tithes after the death of B., and devises all his fee-simple lands to his brother, if his wife has not a son, but a daughter, and dies, having no other tenements; the reversion of the tithes passes. R. 1 Rol. 614. l. 7. (i) So, if he devises all his real estate, copyhold lands pass. R. Eq. Ca. 78. (k) (1) If he devises his rents, or lands mentioned in such a deed, or writing, it will be good. R. 2 Cro. 145. If he devises all his lands, (having land in possession, and land in reversion after an estate for life) to his executors for ten years, and then to sell for payment of debts, and the estate for life ceases; they may sell the land in reversion. R. Cro. El. 525. Ow. 155. (m) If a man devises to A. for life, and to enable his wife to pay his debts and legacies devises all his lands, tenements, and hereditaments not disposed of before to his wife for ever; the reversion of the lands devised to A. passes to the wife as an hereditament not before disposed of, though he had assets sufficient otherwise. R. cont. in B. R. but (i) Where the words used by a testator are only applicable in their strict technical sense to a species of property which the testator has not, they shall be applied if possible to some other species of property, which the testator has; in order to effectuate his intention. 6 Cruise, 231. 3 Leon. 165. 1 P. Wms. 286. (k) Second Part of 2 Mod. Ca. 180. (It is laid down by Lord Hardwicke, that where copyhold lands are surrendered to the use of a will, they pass by a general devise of all the testator's lands and tenements, notwithstanding there are freeholds to answer such devise. But where copyholds have not been surrendered to the use of the testator's will, they do not pass by general words, because the want of a surrender, renders it doubtful whether the testator intended to dispose of his copyholds or not. 2 Atk. 85. 1 Ves. 226. Vide etiam, 2 B. C. C. 64. 3 B. C. C. 188. 15 Ves. 396. 3 Atk. 8. 3 Ves. 191. 5 East, 51. (m) 1. Wherever a testator shews an intention to dispose of all his property by his will, and uses words sufficient for that purpose, any estates to which he is entitled in reversion will pass. 6 Cruise, 244. Allen, 28. 3 P. Wms. 65. n. 1 Lev. 212. Saund. 2 Vern. 461. Skin. 631. 3 Bro. P. C. 24. 2 Vern. 621. 3 P. Wms. 56. Cowp. 363. 808. - 2. And since general words in the residuary clause of a will, will carry every estate and interest which is not expressly or by necessary implication excluded from its operation, it will therefore carry all reversions. 2 B. & P. 600. 11 East, 322.-3. Yet where it is manifest that a testator does not intend to devise a reversion by general words, it will not pass; as where A. Mervin, on the marriage of his eldest son Henry, settled the manor of Arlestown on himself for life, remainder to his son Henry for life, remainder to the first and other sons of Henry in tail, &c. with the reversion in fee to the father; A. Mervin had issue three other sons, Audley, James, and Theophilus, and four daughters, and being seised of other lands in fee simple, he made his will, by which he devised all those lands whereof he was seised in fee simple in possession to his wife; and also all other the lands, tenements, and hereditaments, whereof he was seised in fee simple, or of which any other person was seised in trust for him; with a proviso that if his sons Henry and Audley (who were his first and second sons) should both of them die without issue male, in the life-time of his son James, (who was his third son) whereby the estate settled on his son Henry on his marriage should descend on his son James, that then his son James should not take any interest or estate in the land thereinbefore devised to him: and held that the reversion in fee did not pass. 2 Burr. 912. 3 Bro. P. C. 219.-4. So where A. seised in tail of a moiety of an estate, and of a reversion in fee expectant on the determination of the estate tail in the other moiety, after reciting that she was entitled to the first, devised it in fee, then directed that all the rest, residue, and remainder of her estate and effects should be sold and disposed of, and the expenses of her funeral paid thereout, and if there should remain any overplus, the same should be divided equally between her daughters: and held that the reversion expectant did not pass under the residuary clause. 4 T. R. 605. the the judgment was reversed and R. acc. per all the judges in the exchequer-chamber. 2 Vent. 285. 3 Mod. 229. If he devises a manor for six years, other land to A. in fee, and all the rest of his lands to B.; by this the reversion of his manor passes. Al. 29. R. 1 Lev. 212. Adm. Mod. Ca. 111. If he devises several legacies, and afterwards such and such lands, and all the rest of his goods, monies, and other estate whatsoever to his executor, having other land; those pass to the executor. Per Ld. K. Ca. Ch. 262. If he devises all his real and personal estate, fee-farm rents pass. R. Mod. Ca. 107. 1 Sal. 237. Vide supra. So, if it be, all the residue of his real and personal estate. Mod. Ca. 108. Though it be accompanied with words, which denote the personal estate only. Mod. Ca. 108. Yet if a man devises all his lands to A. and B. and their heirs, as tenants in common, and afterwards all the residue of his real and personal estate to D. and his heirs; A. dies before the testator; his part does not go to D. but to the heir of the testator. Dub. 2 Mod. Ca. 124. 221. 224. 225. So, if any part of the description is certain, it is sufficient though the other part fails: as, if he devises his corner-house in the tenure of A. and B. and A. only has it. R. Cro. Car. 447. 473. 1 Rol. 613. l. 51. Jon. 379. Or, if he has a corner-house in the possession of A. and another house adjoining in the possession of C,. and devises his corner-house in the possession of A. and C.; the corner-house only passes. R. Cro. Car. 447. Jon. 379. If he devises his tenement with its appurtenances in which H. dwelleth in B.; land appurtenant, though out of B., passes. R. Cro. El. 113. So, if the words may be ascertained by a thing to which they refer, it is sufficient: as, if a man, by deed, covenants upon the marriage of his son, to levy a fine to the use of G. his son in tail, &c. and afterwards by his will says, I ratify to G. all those my estates granted in marriage, &c. though no fine was levied, whereby the conveyance was void, yet the lands pass to him in tail by the will. R. 4 Mod. 132. 1 Sal. 225. If A. contracts with B. for land, and takes a conveyance of it from C.. and afterwards devises all the land purchased of B., it will be a good devise of those lands. R. 1 And. 188. So, if the words are joined to another sentence, and governed by a verb of it, they shall be ascertained by it: as, if a man devises Blackacre in fee to A. and also White-acre; he shall have a fee in Whiteacre. 1 Sal. 235. If he devises all his estate in his term, and also B. (in which he had an inheritance) the devisee shall have a fee in B. Per 3 J. Holt, cont. 1 Sal. 234. If he devises land in A. to B. and the heirs of his body, and devises to him land in D. and also land in S. then devises land in F. to hold the last devised premises to him and the heirs of his body; he shall have an estate-tail in the lands in D. and S. as well as in F.. R. 1 And. 160. 1 Leo. 57. Sav. 80. So, if there be a sufficient description, it shall not be controlled or restrained restrained by an imperfect explanation afterwards: as, if a man devises all his tenements in A. to trustees, to pay his debts till B. attain twentyone, and afterwards all the same tenements, viz. two parts of N. tenement for such a purpose, and the third part for such, and then to B. but says nothing of U. tenement; yet that passes to B. for he has before given all to him. R. 4 Mod. 141. (n) If a man devises all his messuage in which N. dwells called the Swan; though N. had only three rooms, the whole messuage passes: for the name of the Swan ascertains the whole. R. Cro. Car. 129. Jon. 195. (0) (N 3.) By what not. But where words in a devise are express, they shall not be extended by implication: as, if a man has a house and land in A. and a house and land in B., and devises his house and land in A. with all his other lands, meadows and pastures in B. this does not extend to his house in B. R. Cro. El. 476. 658. Mo. 359. (p) Ow. 75. Vide post, (N 12. 13.) If he has land named H. in A. and B., and devises his land in A. called H.; so much as lies in A. only passes. R. 2 Cro. 22. So, if he devises it to his son, and if he dies without issue, then he devises H. generally to his daughters; that which lies in A. only passes to the daughters, for no more was devised to the son. R. Per 3 J. 2 cont. 2 Cro. 22. Cro. El. 674. If he has land in A. and B. in Wales, and mortgages of land in other counties in Wales, and devises his lands in A. and B., or elsewhere in Wales, to D. and the residue of his personal estate, to his executor; the mortgages do not pass to D., for the words, or elsewhere in Wales, extend to little parcels out of A. and B. but not to lands of another nature. R. 1 Ver. 4. If A. has one hundred acres of land named Jacks, and lets an house and sixty acres of his land to B. and then devises to his wife the said house and all his land named Jacks, in the possession of B., only the sixty acres pass. 2 Leo. 226. Vide post, (N 13.) If A. tenant for life, remainder to his son in tail, remainder to himself in fee, devises all his lands, &c. to trustees, to raise portions for his daughters; and if his son dies without issue, all, except A., B. and C. to one daughter, and A., B., and C. to another daughter; and whereas he had other lands which his father desired his cousin should have, he requested his brother to provide for that: those other lands (p) 1. A testator devised all the profits of his houses and lands lying in the parish of Billing, and in a street there there called Brooke-street, to his wife; when, in truth, there was no such parish as Billing, but the land supposed to be devised was in Billing-street; yet the will was held good. Brownl. 131. -2. So where a person made his will in these words, 'I devise to J. S. all those my lands in Bramstead, in the county of Surrey, in the possession of John Ashley; whereas in fact the testator had not any lands in Surrey, but he had lands at Bramstead in Hampshire, in the possession of John Ashley; and held that they passed by the devise. Ld. Raym. 728.-3. Vide Cowp. 94. 2 Blk. 930. 3 Bro. P. C. 375. 8 East, 91. 2 Burr. 1089. 1 Blk. 255. (0) Equities of redemption will pass by the same words as estates in possession. 1 Ch. Rep. 101. p) Mo. 359. reports this cont. and so 2 Rol. 49. 1. 53. 50. 1. 4., but 2 Rol. 57. 1. 25. and 2 And. 123. acc. do |