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8. A covenant to make conveyances, or to purchase lands

to certain uses, is a sufficient declaration of trust 96

9. So, also, words of request, desire, or recommendation ibid.

10. Of trusts arising by operation of law - 97

11. Of the proof of the resulting trust, where the con-

veyance is taken in the name of one man, and the
purchase money paid by another - 96 n. 97

12. Where land is bought with the purchaser's own money,

whether evidence may be given to show, that the pur-
chase was made on behalf of another person - 100

13. Of the difference in the wording of the 4th and 7th sec-
tions of 29 Car. 2, c. 3; the former requiring the
agreement itself to be in writing; the latter, only that
declarations of trusts should be manifested and proved
in wriung.1 . Add of the difference of construction
founded on this difference in the language 101

14. Of trusts implied for the sake of defeating fraud 102

15. All implied trusts are out of the statute of frauds

137, 128 n.

See further, Will, 21, 22, 31.


1. Of resulting uses ... 92

2. Of the efficacy of instruments, solemnities, and de-
clarations to raise uses ... ibid.

3. Uses are within the statute of frauds - 127

4. Origin and intent of the statute of uses - 268, 269

5. Charitable uses are within the statute of frauds 352, 353'
See Evidence, 20. Will, 23.


See Evidence, 30.


Vendor; Vendee.
See Agreement; Auction; Bargain and Sale s Contract*;
iPart-performance; Performance.





1. Of a wife's equity to have a mortgage of her estate, in
making which she had joined with her husband, paid

out of his assets - - - - 76

2. Parol evidence of her renunciation of this equity is ad-
missible ..... 76


t. Provisions of the statute of frauds respecting wills 287, 288

2. Of the execution of wills ... 289

3. A brief account of the progress of the testamentary

power .... ib. 290—293

4. Progress of the tettamenti /actio in the Roman juris-
prudence .... 290—292 n.

5. Restraints upon the testamentary power, by the cus-
toms of London and York - - 294 n.

6. Of donations mortis cauta - 295, 296, 298 n.

7. What delivery necessary - - 299 n.

8. A transfer of stock is sufficient to constitute such deli-
very ----- ib. 300 n.

9. Of the power of bequeathing legacies in the different

stages of the Roman law - 295, 297 n.

10. The loose constructions of the statutes of wills 304

11. These called for the restraints imposed by the statute

of frauds .... 307

13. Advantage af a written will—its contents may be con-

ceated from the witnesses ... 308

13. Attestation required by the statute of frauds 307, 308, 309

14. Signing and sealing sufficient execution and publica-
tion - - - - - 311—314.

15. A will may be written on any material and in any cha-
racters ..... 314 n.

16. Of the local extent of the statute - - 315 n.

17. The statute does not extend to copyholds 315—317

18. Whether it extends to colonies or conquered countries

316, 317, 318 n.

19. Reasons for holding copyholds to be out of the statute

318, 319


iO. Lords Hardwicke and Mansfield dissatisfied with the

reasons - - - - 319, 320

21. Same doctrine applies to trusts of copyholds 320, 321

22. The trust of a copyhold estate will pass by a will, un-
attested according to the statute of frauds 321, 322

23. Whether such appointment, or declaration of the uses

of a copyhold surrendered, may be without writing 322

24. An attested will of copyhold may be revoked by an un-
attested will .... 322

25. How far such will, though it operates as an appoint-
ment or declaration, partakes of the qualities of a will 323

26. A will, disposing of the equitable estate in customary
freeholds, must be executed and attested according to

the statute ..... ibid.

27. An instrument, in its nature testamentary, has all the
incidents belonging to a will - - ib. n.

28. Ah equitable estates of freehold must be devised by a
will executed and attested, agreeably tothe statutes 325

29. Wills of lands devisable by custom must be in writing,
and pursuant to the statute - • ibid.

30. Powers of appointment, to be executed generally by
will, without any directions as to the mode in which
such will is to be executed, must be executed by a
will attested according to the statute 326

31. The same doctrine holds as to trust estates . ibid.

32. But if such power extend to personal as well as real
estate, and the will be not executed so as to pass real,
it may, nevertheless, be effectual to pass the pentonal
estate .... 327

33. If an agreement be entered into, to charge lands with
such sums as a stranger shall by his last will direct,
such direction will be good if made by an unattested
will ..... ibid,

34. Secu*, if such power be given or reserved to the owner,

or to one of tne owners of the inheritance - ibid.

35. When equity will help a defective execution of a will, 331,

and see advertisement.

3 x


36. Whether a power can be reserved or given, to appoint or make disposition of a real estate by a wilt unattested according to the estate - - - 332

37. A man cannot by will reserve a power of disposing of real estate by a future unattested will or codicil ibid.

38. Analytical view of the great case of Habergham v. Vincent - - - -' - 333

39. If an instrument be not intended to have effect till the death of the party, it is testamentary in its operation

and quality, whatever may be its form - 338

40. In what sense a codicil is part of a will - ibid.

41. Difference between a conveyance to uses, and a will, in respect to the legality of reserving a power of future disposition - - - ibid.

42. Every paper to which a will, duly attested, refers, if it comprise a disposition of real property, to be effectual as a testamentary paper, must either be incorporated originally into the will, or be executed according to the statute; and such paper so to be incorporated, must be distinctly referred to and described by such will ..... 339

43. Difference between a reference to a paper actually in

existence at the time, and one intended to be written

ib. 340

44. An exposition of the grounds of construction, as to the effect of the limitations in Habergham v. Vincent ib. n.

and Bee advertisement.

45. By a will duly executed, charging land generally with

legacies, a testator enables himself to lay any number
of additional legacies on the land, by a subsequent testa-
mentary deposition unexecuted - - 344

46. Distinction between the case of subsequent legacies at-
taching upon the land, by virtue of a former will
charging them generally upon the land, and the reser-
vation by will of a future power of disposition 345

47. A sum of money, devised out of land, is part of the land in equity, and such disposition is within the statute ... . 346, 34f

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.48. A direction by will to sell land for certain purposes, does not so ultimately change the character of the property, as that the surplus, after the particular objects are satisfied, may pass by an unattested codicil - 347

49. To effect such absolute conversion, a clear intention ought to be demonstrated - - 348

50. Where a testator shows both real and personal estate to be equally in his contemplation, as the funds out of which the legacies are to be satisfied, a revocation, effectual as to the personalty, but insufficient as to the realty for want of being attested according to the statute, will leave the land still subject to the charge 349

31. The court cannot see the intention of the testator with respect to his real property, unless he expresses it by a will, executed according to the statute - ib. 350

52. Devise of a rent out of land must be by will, attested

by three witnesses - - 3 JI

53. Same doctrine as to tolls, navigation shares, com. mons, profits of stallage, petty customs, market, fair, piscary - - - 352

54. As to wills affecting things affixed to, or growing upon

the freehold - - 364

55. Heir-looms - - - 367

56. Mortgagees in equitable consideration are not within the clauses respecting wills in the statute of frauds - - - ib. 368, 369 «.

57. An unexecuted will is not even of force to raise a case of election against a person taking a benefit in the personal estate by the same will - - 370

58. But if in such unexecuted will there is a legacy to the heir upon condition, that he did not dispute the will,

he is put to his elt.ction - - 373

59. If a man have leaseholds and freeholds, and devise all Ids lands and tenements by a will unattested, it seems that the leaseholds will not pass - - '379

60. Though a will be proceeded in at different times, and often suspended and resumed, yet it will require only one execution - - 395

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