duced an innovation in the former modes of conveying freehold property, and what changes have since taken place?

A.-See preceding answer.

Q.-Sketch the outline of an ordinary purchase deed?

A.-1. Date. 2. The parties. 3. The recitals. 4. The testatum or witnessing part. 5. The parcels and general words. 6. The habendum. 7. The covenants for title, viz., (a) The vendor has good right to convey; (b) For quiet enjoyment; (c) Free for incumbrances; and (d) for further assurance. The deed must also be signed, sealed, and delivered, and the attestation and the receipt for the purchase money endorsed. In the Register Counties, a memorial of the deed must be registered: (Will. Real Pro. 182, &c., 9th edit.; Hallilay's Digest, 259, 7th edit.)

Q.—What are the requisites for a contract for sale of lands?

A.-The 4th section of the Statute of Frauds enacts that no action shall be brought upon any contract respecting lands, &c., unless the contract be in writing, signed by the party to be charged therewith, or his authorised agent. But Courts of Equity, notwithstanding this enactment, will enforce contracts not so reduced into writing where they are admitted by the defendant's answer, or prevented from being reduced to writing by his fraud, or where there has been a part performance. The party contracting must not be under disability to contract, and in order that the agreement may be given in evidence in any Court, it must bear a sixpenny agreement stamp: (Will. Real Pro. 162, 9th edit.; Hallilay's Digest, 229, 7th edit.)

Q.-What are the principal requisites to the validity of a deed? and what should be done in connection therewith if the land conveyed lies in Middlesex or Yorkshire?

A. They are (1) that the parties to it be able to contract; (2) that it be written or printed on paper or parchment; (3) that it be sealed and delivered, and in most cases signed; and (4), though not always absolutely necessary, that it be signed in the presence of witnesses: (1 Steph. Com. ch. 16; Hallilay's Digest, 259, 7th edit.) If the lands are situate in Middlesex or Yorkshire, a memorial of the deed should be registered in the local registry: (Will. Real Pro, 186, 9th edit.; Hallilay's Digest, 263, 7th edit.)

Q.-In a conveyance on the sale of land in fee to a purchaser, what is the testatum and what the habendum? and what is the substance of the covenants for title?

A.—The testatum, or witnessing part, contains the consideration and receipt thereof, and the operative words. The habendum is used to limit or mark out the estate of the grantee. The covenants are that the vendor has good right to convey, for quiet enjoyment, free from incumbrances, and for further assurance: (Will. Real Pro. 182, et seq., 9th edit.; Hallilay's Digest, 259, 7th edit.)

Q.—What is the form of conveyance to trustees of a school?

A. The conveyance is generally in the form of a deed poll, and contains provisions for the management of the school. Its execution must be attested by one witness, and if there be no valuable consideration it requires enrolment to give it validity: (Hallilay's Digest, 235, 7th edit.; and for a form see David. Conv.; see also Will, Real Pro. 73, 74, 9th edit.)

Q. What is the proper operative word used in a conveyance of real estate to vest such estate in the purchaser ?

A. In a deed of grant the word " grant" is the proper word. In a feoffment, the word "give." In a bargain and sale, the words "bargain

and sell." In a release they are "grant, bargain, sell, release, and confirm." But a deed of grant is now almost universally adopted: (Will. Real Pro. 193, 9th edit.)

Q.-Write out the form of attestation to a deed.

A.-"Signed, sealed, and delivered by the within-named A. B. in the presence of " [state name of witness].

Q.-What is the use in conveyances of the general words at the end of the parcels, of all ways, commons, &c., enjoyed with the premises? A.-To pass such rights of common, ways, &c., as have been usually enjoyed with the land, though not strictly appurtenant. For if such be the case such rights of way, common, &c., would not pass by a conveyance of the land "with the appurtenances" merely: (Will. Real Pro. 313, 9th edit.)

Q.-By bargain and sale duly enrolled, a fee simple estate is duly conveyed to A. and his heirs to the use of B. and his heirs. In whom is the legal estate by such conveyance vested?

A.-In A. and his heirs; and B. and his heirs have but an equitable interest. Because by the effect of the bargain and sale the alienee has but a use, which is turned into a legal estate by the Statute of Uses, and the use to B. and his heirs is a use upon a use, which the statute cannot execute: (1 Steph. Com. 373, 5th edit.; Hallilay's Digest, 224, 7th edit.; Will. Real Pro. 175, 194, 9th edit.)

WILLS.

Q.-What is requisite for the due execution of a will?(a)

A.-It must be signed by the testator, or by some person in his presence, and by his direction. And such signature must be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, who must attest and subscribe the will in the presence of the testator (1 Vict. c. 29, s. 9.) The will need not be signed strictly at the foot or end, provided it is apparent on its face that the testator intended to give effect to it as his will: (15 & 16 Vict. c. 24; Will. Real Pro. 196, 9th edit.; Hallilay's Digest, 277, 7th edit.)

Q.-How many witnesses are necessary to the valid execution of a will, and is there now, or was there formerly any difference in the number required for a will disposing of real estate and for one disposing of personal estate only?

A. By the Wills Act, 1837, two witnesses are required in the testamentary disposition of both descriptions of property. Previous to the passing of this Act, three witnesses at least were required to a will of real estate, but none were necessary to one of personal estate only: (Will. Real Pro. 196, 9th edit.; Hallilay's Digest, 278, 7th edit.)

Q.-Write out the form of attestation to a will.

A.-" Signed by the said A. B. the testator, as and for his last will and testament, in the presence of us present at the same time, who, in his presence, in the presence of each other, and at his request have subscribed our names as witnesses :" (Hallilay's Digest, 278, 7th edit.; Hayes and Jarm. Conc. Forms of Wills, 121, &c., 6th edit.)

Q.-Supposing a legatee, or a creditor, where the will contains a charge for the payment of the testator's debts attests the will, does this affect the validity of the will?

A.-No; creditors, even when the will contains a charge for payment

(a) Twice.

of debts, are good witnesses. So a legatee is a good witness, but he loses his legacy: (1 Vict. c. 26, ss, 14, 15, 16; Will. Real Pro. 198, 199, 9th edit.; Hallilay's Digest, 277, 7th edit.)

Q.-Is it necessary that the attesting witnesses to the will be credible? A.-No; and the incompetence of the witness at the time of the execution of the will, or at any time afterwards, is not sufficient to invalidate the will: (Will. Real Pro. 198, 9th edit.; Hallilay's Digest, 277, 7th edit.)

Q.-How can the revocation of a will be now effected? (a)

A. By marriage; or by another will, or codicil, or writing duly executed declaring an intention to revoke; or by burning, tearing, or otherwise destroying the will, animo revocandi : (Will. Real Pro. 200, 9th edit.; Hallilay's Digest, 279, 7th edit.)

Q.-Is a will revoked by the subsequent marriage of the testator?

A. Yes; unless made in exercise of a power of appointment, when the property thereby appointed would not in default of such appointment pass to his heir, next of kin, &c.: (Will. Real Pro. 200, 9th edit.; Hallilay's Digest, 280, 7th edit.)

Q.-If a person acquires land after he has made his will, does such land pass under a general devise?

A. Yes; a will now speaks from the death of the testator, and passes land acquired after the execution thereof: (Will. Real Pro. 201, 9th edit.; Hallilay's Digest, 281, 7th edit.)

Q.-Give an example of a lapsed devise, and mention the two cases in which the 1 Vict. c. 26, gives effect to devises and bequests which would have lapsed before the passing of this Act.(b)

A. If lands are devised to A., and his heirs, a stranger, and A. dies in the lifetime of the testator, the devise will lapse, and fall into the residue. But there is no lapse (1) when the devisee of an estate tail, or quasi entail, dies in the testator's lifetime, leaving issue inheritable under such entail living at the testator's death; or (2) where a child or other issue is the devisee or legatee (not being for life merely) and dies in the testator's lifetime, leaving issue living at the testator's death: unless in either case a contrary intention appears: (Hallilay's Digest, 282, 7th edit.; Will. Real Pro. 203, 9th edit.)

Q.-Does a devise or bequest in any, and if in any in what, cases lapse by the death of the devisee or legatee in the testator's lifetime?

A. Yes; see preceding answer.

Q.-A testator gives by his will all his "real estate" to A. B. He also gives his "personal estate to C. D. State what property will pass under each bequest. Add the usual form of attestation requisite for a will.

A.-Lands of all description capable of being devised will pass under a devise ("bequest" is an incorrect expression) of real property; but not lands held by the testator as mortgagee. All other property, including money secured on mortgage of real estate, will pass to C. D. under a bequest of the personal estate: (Will. Real Pro. 204, 387, 9th edit.; Hallilay's Digest, 284, 7th edit.) The usual form of attestation is given above.

Q. What is the effect of a devise of real estate to A. without words of limitation; and by what statute is the effect given to such devise? A. The effect is now to pass the fee, or other the whole estate which the testator had power to dispose of, to the devisee, by force of 1 Vict.

c. 26, s. 28: (Will. Real Pro. 206, 9th edit.; Hallilay's Digest, 284, 7th edit.)

Q-A testator by his will, made three years ago, devised a house to A. simply. He likewise devised another house to B. and his heirs. Is there any, and if so what, difference in the effect of the two devises? (a)

A.-There is now no difference between the two devises, as there was before the 1st of January, 1838. Words of limitation are no longer necessary to pass a fee in a will operating after the above date: (see references suprà.)

Q.-What, if any, is the difference in effect of a limitation, "to the use of A. B. and his heirs male," in a deed and will respectively?

A.—In a deed, the limitation confers a fee simple, but in a will gives an estate tail male: (Will. Real Pro. 140, 208, 9th edit.)

Q.-If lands are devised to a person who would otherwise have been the heir at law, does he take them as heir or devisee? (b)

A.-As devisee; therefore as a purchaser: (3 & 4 Will. 4, c. 106, s. 3; Will. Real Pro. 210, 9th edit.; Hallilay's Digest, 284, 7th edit.)

Q.-State the general rule or maxim with regard to the construction of wills.

A. The intention of the testator is to be observed: (Will. Real Pro. 204, 9th edit.; Hallilay's Digest, 234, 7th edit.)

Q.-Under what circumstances is it necessary to apply for letters of administration cum testamento annexo? and who is entitled to such grant?

A.-(1) When the testator has neglected to name any executors of his will; or (2) has survived those he appointed; or (3) where the executors refuse to act and renounce probate, and in some few other cases. In the cases mentioned the residuary legatee, if one, is entitled to the grant: (Matt. Exors. 278-280, 2nd edit.; Hallilay's Digest, 281, 7th edit.)

HUSBAND AND WIFE.

Q. What interest does a husband take in his wife's freehold estates not settled to her separate use?

A. He has a freehold interest therein during coverture, which gives him a right to receive the rents and profits thereof. He may also, under the 19 & 20 Vict. c. 120, s. 32, lease the land for twenty-one years, which will bind the wife and her representatives; but, subject to this, he cannot convey or charge the land for any longer period than while his own interest continues. But by sect. 8 of the Married Women's Property Act (33 & 34 Vict. c. 93), where any freehold, copyhold, or customary property shall descend upon any woman, married after the passing of the Act (9th August, 1870) as heiress or co-heiress, the rents and profits shall, without prejudice to any settlement, belong to such woman for her separate use, and her receipts alone shall be a good discharge for the same. And under certain circumstances he may be tenant by the curtesy after the wife's death: (Will. Real Pro. 214, et seq., 9th edit.; Hallilay's Digest, 186, 7th edit.)

Q.-What interest does marriage confer upon a husband (a) in lands of which his wife was seised in fee, and (b) in goods and chattels passing by delivery of which she was possessed at the time of her marriage?

A. (a) This has been explained in the preceding answer. (b) The goods

and chattels will become the absolute property of the husband, the Married Women's Property Act, 1870, only applying to property devolving upon her after marriage.

Q.-If land be given to husband and wife and their heirs, what estate do they take, and how can it can be disposed of in the lives of both; and if not disposed of during their joint lives, how would it go on the death of either?

A.-As husband and wife are considered in law one person, they are said to take by entireties. In order to convey the land during their joint lives both must join in conveying (and the wife must acknowledge the deed.) After the death of either of them, the land will vest in the survivor, who will be the proper person to convey: (Will. Real Pro. 217, 9th edit.; Hallilay's Digest, 170, 7th edit.)

Q.-What is an estate by the curtesy ?

A.-An estate by the curtesy is one which a man holds for life on the death of his wife in the lands of which she was seised during marriage in fee or in tail, provided he had issue by her born alive during the marriage, and capable of inheriting: (Will. Real Pro. 218, 9th edit.; Hallilay's Digest, 194, 7th edit.)

Q.-A woman being owner in fee in possession of land marries without a settlement. State fully how the land may be effectually vested in a purchaser.(a)

A. The land must be conveyed to the purchaser by deed, in which the husband and wife must join. The wife must (apart from her husband) acknowledge the deed as her free act before a judge of the Superior or County Court, or two commissioners (b): (Will. Real Pro. 222, 9th edit; Hallilay's Digest, 188, 7th edit.)

Q.-May property be settled to the separate use of a married woman, and also be made inalienable by anticipation? if so, give the form in which such a trust is created.

A.-Property may be settled to the separate use of a married woman, and she may, during the coverture, be restrained from alienating it or even anticipating the income thereof. The property should be vested in trustees to the use of the wife for life, and during coverture for her separate use, and so that she shall not have power to dispose of or anticipate the same in any way, &c.: (Will. Real Pro. 215, 9th edit.; 2 Prid. Conv. 349, &c., 4th edit.; Hallilay's Digest, 188, 190, 7th edit.)

Q.-Explain the term "dower," and add full particulars of the widow's interest in such a case. Explain the nature of the wife's separate estate, and add the proper words for conferring such an interest, and can she dispose of it by will?

A.-Dower is an estate for life to a widow of the lands of inheritance of her husband, of which he was solely seised, and of which land any issue she might have had might have inherited. Full particulars of such interest are given below: (Will. Real Pro. 223, 227, 9th edit.; Hallilay's Digest, 192, 7th edit.)

Separate estate is property which a married woman, under certain circumstances, is entitled to retain for her separate and independent use, and free from the control of her husband. She can dispose of the same by will without the concurrence of her husband. The usual words for

(a) Twice.

(b) Mr. Williams also states that the acknowledgment may be taken by a Master in Chancery, but there are now no such officials.