Law Library Volume 31

Law Library Volume 31

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1841 edition. Excerpt: ...Vin. Abr. Devise (D.) pl.'4.---(Dyer, 371. Co. 8. 83. 6. 16. Super Lit. 111. Perk. sect. 499, 500. 497. 538. Lit. sect. 167. Dyer, 155. Old N. B.) 6. As touching the sixth thing required in a. good devise, these things are to be known: 1. That lands, tenements, and hereditaments, for the nature and quality of them, are devisable as well as other things. And therefore, by the custom of some places, lands in possession, reversion or remainder, are devisable in fee, for life, or years; and a man that hatha lease for years of land, may devise the land at his pleasure during his term. But by the ancient common law, in favour to heirs, the lands that a man had in fee simple were not devisable by testament, except only in some special places, by the custom_of the place, as gavelkind lands in Kent, and lands within certain borough towns, as London, Oxford, &c. And by the custom of those places such lands are devisable: and in some places the custom is, that they may devise their purchased lands only; and in other places, that they may devise their lands descended also: and in some places the custom is, that they may devise for life only; and in other places, that they may devise in fee simple and fee tail also. And in all these places where such customs are, they may devise their lands now as they might have done before the statute; for the statute hath not destroyed their custom; but the Statute of Frauds and Per (53) See accordingly the cases of Hyde 1. Parrat, 1 Pr. Wms. 1; Tissen v. Tissen, ibid. 500; and Upwell v. Halsey, ibid. 651. juries, 29 Car. 2, c. 3, hath, as to signature, &c. regulated the mode of devising under the custom. And therefore at this day they that have such lands in such places, have their election either to...
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Product details

  • Paperback | 304 pages
  • 189 x 246 x 16mm | 544g
  • United States
  • English
  • black & white illustrations
  • 1236964470
  • 9781236964472