Imatges de pàgina
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COVENANTS,

in a lease, what are usual, 10

to pay taxes, what included in, 11

to repair, 12, 13

to insure against fire, 15

not to carry on trades, 16.

to use house as a private dwelling-house only, what a breach of, 16.

not to assign without licence,

what is a breach of, 16, 17

cannot be insisted on, under open contract, 17

may be qualified, 17

measure of damages, on breach of, 17

cannot be relieved against, 20

as to fixtures, 34

for quiet enjoyment,

implied is absolute, but ceases with lessor's estate, 45

express should be qualified, 45

forfeiture on breach of, in what cases relieved against, 19 to 21

burden and benefit of, pass with reversion, 21, 22

rights to enter for past breach of, whether can be assigned, 24
to build, no additional stamp for, 48

to indemnify husband from wife's debts, whether necessary
tion deed, 397

CREDITORS,

assignment in favour of, when revocable, 264

in

separa-

voluntary settlements, when void against, 259 to 261. See VOLUNTARY
SETTLEMENTS.

CURTESY,

as to land in coparcenary or common, 209

in reversion or remainder, 209

equity of redemption, and money liable to be laid out in land, 209
land held for separate use, 209

land held in tail, 209

land in fee simple, subject to executory limitation, 209

no, in copyholds, except by special custom, 209

tenant by the, may exercise powers of Settled Land Act, 825

DEATH,

gift over on, what period referred to, 473

DEBENTURES AND DEBENTURE STOCK,
gifts of, by will, to charity, valid, 484

DEBTS,

liability of married women for, 225 et seq.

accumulations for payment of, whether affected by Thellusson Act, 482

or by rule against perpetuities, 482

charge of, what amounts to, 498

charge of, confers power of sale, 498

power to sell for, when exerciseable by trustee, 499
when by executor, 500

not, by administrator with will annexed, 501

personal estate vests in executors for payment of, 498

operation of trust for payment of, as regards Statute of Limitations,
503

priority of specialty, over simple contract, abolished, 503

DEEDS,

right of trustees or limited owners to possession of title, 200, 201

DESCENT,

Rules as to, 504, 505

DEVISE,

effect of general, as to leaseholds and property which testator has
general power to appoint, 453, 454

ditto as to property over which testator has special power, 455

of trust and mortgage estates since 1881, void, except as to copy-
holds, 456

what, is residuary so as to include lapsed gifts, 474

DISCLAIMER,

of onerous property by trustee of bankrupt,

must be within three months after appointment, 28
effect of, 28

leave of Court necessary to, in certain cases, 28

must be within limited time, 28

vesting order may be made on, 29

right to remove fixtures, how affected by, 34

of trust estate,

by parol, when good, 187

consequences of, 188

proper form of, 616

stamps on, 616

of power, 188

DISTRESS,

in agricultural holdings, or in case of bankruptcy, must be for one
year's rent only, 5, 6

in other cases, for six years if lease continues, and for six
months after determination, 5

what things may be taken, 6, 7

what things privileged from, absolutely, 6

if there is a sufficient distress besides, 7

DISTRESS-continued.

wearing apparel, bedding and tools, when protected against, 7

live stock taken in to be fed, or for breeding, and hired machinery,
when and to what extent protected against, 7

lodgers' goods protected against, 7

against company being wound up, must be with leave of Court, 6
executors of landlord have right of, 5

preferential right of, of landlord over ordinary creditors, 5

right of landlord to seize under, goods fraudulently removed, 5
appraisement of goods before sale not necessary, 7

can only be levied by certificated bailiff, 7

DISTRIBUTIONS,

succession to personal estate under the Statute of, 505, 506
what is an advancement within Statute of, 507

DIVIDENDS,

what included in term, in Apportionment Act, 10, n.
DIVORCE. See MARRIED WOMAN.

power of Court on, to alter settlement, 234, 398
whether ultimate trusts of settlement affected by, 240

DOMICILE,

as affecting execution and construction of wills, 446
as affecting distribution of moveable property, 507
as affecting liability to probate duty, 512

legacy duty, 5191

succession duty, 527

DUMPORS' CASE, 23

ECCLESIASTICAL BENEFICE,

trusts to present a particular person to, whether valid, 333

bonds of resignation of, 681

presentation to, exempt from stamp duty, 779

ELECTION,

by beneficiaries not to have real estate sold, 162

EMBLEMENTS,

when tenant is entitled to, 31

as between heir and executor, 32

ENFRANCHISEMENT,

power of, conferred by Settled Land Act, 246

ESTATES PUR AUTRE VIE,

how devolve on death of tenant, 442

quasi estates tail in, how barred, 657

ESTOPPEL,

tenant bound by, as regards landlord's title, 44
applicable to action for trespass, 44

EXECUTORS,

can distrain for rent due to testator, 5

can give receipt for proceeds of chattels real, 175
effect of gift to A. for life, and then to his, 472
effect of gift to, of deceased person, 472
personal estate vests in, for payment of debts, 500
when, can sell real estate for payment of debts, 502

on death or renunciation of, how representation transmitted, 508
whether entitled to a release, 683

and covenant for indemnity, 685

indemnified against claims of creditors, by advertisement, 780

FEE SIMPLE,

what word sufficient to carry the, in a will, 459

FIRE,

liability of tenant in case of, 14

FIXTURES,

trade, and ornamental, 32

agricultural, 32

tenants', when they must be removed, 33

effect of disclaimer by trustee of bankrupt, as to right to remove, 34
construction of covenants as to, 34

FORFEITURE,

under proviso for re-entry in lease, 18

waived by subsequent acceptance of rent, 19

for non-payment of rent, relieved against, 19

for breaches of covenant, relieved against with certain exceptions,

19 to 21

FURNISHED HOUSE,

implied condition on letting of, 14

GENERAL ENGAGEMENTS,

of a wife, bind her present and future separate estate, if she has any

GOODWILL,

at date of contract, 227

do not prevent alienation in the interval, 227

provision as to, in partnership deed, 705

stamp on assignment of, 752

GUARDIAN,

heir in socage may at the age of fourteen choose, 779

statutory powers of father and mother, to appoint, 534

HEIRLOOMS,

proceeds of, may be applied in paying charge on settled freeholds, 253
provision in Settled Land Act as to, 807

HUSBAND. See MARRIED WOMAN.

leases by, of wife's land, 40

interest of, in his wife's freeholds and copyholds, not being her sepa-
rate property, 209. See CURTESY.

chattels real, 210

chattels personal, 210

choses in action, 210

position of, before recent Act, when wife was executrix, 227
not liable, or entitled to interfere now, when wife executrix, 228
liable for wife's ante-nuptial debts, until Act of 1870...229
now liable, to extent of her property acquired by him, 230

not liable for wife's post-nuptial debts, unless contracted with his
authority, 228

whether, or wife, should have first life interest in wife's settled pro-
perty, 236

IMPROVEMENTS,

under Agricultural Holdings Act,

classification of, 36

principle on which compensation for, to be assessed, 36
consent of landlord required, to first class, 36

notice to landlord required, as regards second class, 36

compensation may be substituted for statutory, as regards third
class, 37

no compensation for, begun after notice to quit, 38
agreement excluding compensation for, void, 38

under Settled Land Act,

power to lay out money in, 246, 800

what are, under that Act, 247, 800

must be maintained by tenant for life, 247, 802

money applied in redeeming improvement rent-charge, to be
considered as applied in payment for, 826

INCOME,

tax, contracts as to, 345

intermediate, of property given on a contingency, when it follows
corpus, 477, 478

INDEMNITY,

where executors are entitled to covenant for, from residuary legatees,
684

of trustees, as regards exercise of powers of Settled Land Act, 808

VOL. II.

3 I

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