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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
12. Where land is bought with the purchaser's own money,
whether evidence may be given to show, that the pur-
13. Of the difference in the wording of the 4th and 7th sec-
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-
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, 30.
1. Of a wife's equity to have a mortgage of her estate, in
out of his assets - - - - 76
2. Parol evidence of her renunciation of this equity is ad-
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-
5. Restraints upon the testamentary power, by the cus-
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-
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-
15. A will may be written on any material and in any cha-
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
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-
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-
25. How far such will, though it operates as an appoint-
26. A will, disposing of the equitable estate in customary
the statute ..... ibid.
27. An instrument, in its nature testamentary, has all the
28. Ah equitable estates of freehold must be devised by a
29. Wills of lands devisable by custom must be in writing,
30. Powers of appointment, to be executed generally by
31. The same doctrine holds as to trust estates . ibid.
32. But if such power extend to personal as well as real
33. If an agreement be entered into, to charge lands with
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.
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
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
46. Distinction between the case of subsequent legacies at-
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
.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