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VOLUNTARY CONVEYANCE OR SETTLEMENT,

of land, void against purchaser or mortgagee from settlor, 256
secus, if sale or mortgage by heir of settlor, 256

made good, by subsequent disposition for value, 257

of land, goods, or chattels,

void against creditors under 13 Eliz. c. 5, if made with intent to
defeat or delay them, 259

cases in which such an intent will be presumed, 259, 260

void, against creditors under Bankruptcy Act,

if settlor becomes bankrupt within two years, 261

prima facie, if within ten years, 261

on bankruptcy at any time, as regards property in which
settlor had no interest at the time, 261

void against settlor himself if incomplete, 262

secus, if in form of declaration of trust, 262

whether power of revocation should be inserted in, 263

in favour of creditors when revocable, 264

what is a valuable consideration. See CONSIDERATION.
when subject to probate duty, 510

WARRANT OF ATTORNEY,

covenant not to assign not broken by giving, 17
execution and attestation of, 773

stamps on, 772

WASTE,

actual, what is, 12

what is not, 12

permissive, what tenants liable for, 12, 13
action for, may be brought by reversioner, 12

WILL. See DEVISE.

what property may be disposed of by, 442

disposition of copyholds by, 442

may be made by married woman as to separate property, or under

power, 443

by a traitor or felon, 444

cannot be made by an infant, 443

lunatics, idiots, &c., 444

how a, must be executed and attested, 444, 445

presumption of due execution of, when it applies, 445

witness to, cannot take under, 445

execution and construction of, by what local law regulated, 446
land in Scotland may be given by, executed according to English law,
447

revoked by marriage, unless made under a special power, 447

by burning, &c., 448

WILL-continued.

as to interlineations, &c., in, 448

how revoked, may be revived, 448

dependent relative revocation of, 448

speaks from death, unless contrary intention appears, 450
secus, as regards real estate, under old law, 449

where, must be proved, 508

made in execution of power, requires probate, 509
appointing a guardian only, need not be proved, 509

WITNESS,

incompetency of, does not invalidate will, 445

legacy to, or his or her wife or husband, is void, 445
an executor or creditor a competent, 446

if one of a class to which a legacy is given is a, whole legacy goes to
the other members, 446

WORKHOUSE,

conveyance of land for, should be enrolled, 410

INDEX TO THE PRECEDENTS.

ACCRUER. See SURVIVORSHIP.

ACCUMULATION,

trust for, of income of infant's share, 336, 547
trust of, arising during infancy of tenant in tail, 352
ACKNOWLEDGMENT

of right to production of ground lease, by underlessor, 89

ADVANCEMENT,

ordinary power of, in a money settlement, 270, 293, 383
power of, applicable to children of any marriage, 321

extending to whole share, 337

with reference to a charge of portions on real estate, 350,

368

where parent has an estate in remainder only, 374, 377

in will, 536, 550, 552

to the extent of a specified sum, 563

power to confer power of, 351, 364

ADVOWSON,

power to trustees of settlement to purchase, 332

trusts of, to be purchased under power, 332

bond of vendor of, for payment to purchaser of annual sum equal to
interest on purchase-money, 675

AFTER-ACQUIRED PROPERTY,

agreement to settle, 274, 293

in favour of issue of two marriages, 316

AGREEMENT. See LEASES.

for building lease, 69, 72
for lease of a house in town, 90

ALMSHOUSES,

conveyance of cottages for, 415
endowment of, with stock, 418

[blocks in formation]

of money liable to be laid out on land, ditto, 366

by testatrix of trust moneys comprised in settlement, 576
of jointure and portions, 370 to 377

by parents, among children equally, 386

to son, with clause against alienation for limited time, 577
of a guardian by infant, 779

APPOINTMENT OF NEW TRUSTEES,

provision in settlement as to, 271, 296

ditto in will as to, 537

of a settlement of personalty in place of deceased and retiring trustees,
620, 623

of settlement in place of deceased trustees, 625

of a deed of conveyance in trust for sale, 629

of a mortgage debt, 631

of a settlement of the proceeds of sale of land, 633

of strict settlement of freeholds, 636

of settlement of freeholds, copyholds, and leaseholds, 638

of a term of years created by settlement, 645

where one is appointed in place of two, 625, 645

of separate trustees for distinct funds, 646

where there have been previous appointments, 627, 642
where the beneficial interests have been dealt with, 634

of will, where estate has not been realized, 648

of will in place of disclaiming trustee, where estate has been realized,
650

ARBITRATION,

clause in lease, 64, 115

in co-partnership deeds, 711

ARRANGEMENT,

deed of, for extending time for performance of covenant, 154

ASSENT,

by an executor to bequest, 778

ASSIGNMENT,

of policy of assurance to trustees of settlement, 276

of reversionary personal estate, and policy to ditto, 281, 285

of mortgage debt to ditto, 287, 289

of undivided share of leaseholds to ditto, 322

of share of residuary estate to ditto, 329

of leaseholds to ditto, 339

of furniture to ditto, 341

of residuary estate, on appointment of new trustee, 649, 650
of stock to bar entail, 661

of share of business to introduced partner, 738

of ditto, by retiring to continuing partner, 740

of ditto, by executors of deceased, to surviving partner, 746

ATTORNEYS. See SOLICITOR, POWER OF ATTORNEY.
AUSTRALIA,

will including real estate in, 571

BANKRUPTCY. See TRUSTS.

BASE FEE. See DISENTAILING ASSURANCE.

BEQUEST. See ANNUITY, LEGACIES, TRUSTS.

BOND,

for payment of money by instalments, 673

to secure an annuity, 674

by vendor of advowson to pay annual sum until vacancy, 675

for quiet enjoyment by vendor to purchaser, 676

of indemnity by vendor on account of loss of title deeds, 677

by surviving partner for payment of deceased partner's share, 678

for performance of duties of an office, 680

of resignation, 681

joint and several, 680

BUILDING,

covenant not to erect any, on part of covenantor's property, 776
BUILDING LEASE. See LEASE.

BUSINESS,

powers to wind up, carry on, &c., in a will, 578–586

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