conferring such an estate on a married woman are "for her sole and separate use" (Will. Real Pro. 214, &c., 9th edit.)

Q.-In regard to what women does the old dower law still continue in force?

A.-To women married on or before the 1st January, 1834: (3 & 4 Will. 4, c. 105; Will. Real. Pro. 223, 9th edit.; Hallilay's Digest, 192, 7th edit.)

Q.-What are the rights of a widow, in her deceased husband's estate in fee simple, at law and in equity-(1) supposing them to have been married before the 2nd of January, 1834; and (2) supposing them to have been married on or after that date?

A.-A widow married on or before the 1st of January, 1834, is entitled to an estate for life in a third part of her husband's lands of inheritance of which he was solely seised at any time during coverture, and of which any issue she might have had might have inherited. And this dower has preference over all the conveyances, incumbrances, and debts of the husband. If married since this date, the dower is also a third, but only attaches at the death of the husband. And all his conveyances, incumbrances, and debts have priority over the dower. But at common law the wife is not entitled to dower out of equitable estates, whereas under the statute she is (Will. Real Pro. 223, 9th edit.; Hallilay's Digest, 192, 7th edit.; 1 Steph. Com. 272, 5th edit.)

:

Q. Has the husband any and what power of alienation, and any and what power of leasing over the wife's estate in fee simple ? And what power, if any, has the wife over such estate; and by what means can such power be exercised?

A.-This question has been fully answered in preceding answers in this chapter, to which the student is referred.

Q.-What is an estate by the curtesy of England, and in what respects does it differ in the counties of Kent and Sussex? (a)

A.-An estate by curtesy is one given to a husband by the law for his life on the death of his wife, in the lands of inheritance of which she was solely seised, provided he had issue by her born alive during the marriage capable of inheriting her estate. In Kent, the husband is entitled to curtesy whether he has issue born or not; but it is only of a moiety, and ceases if he marries again: (Will. Real Pro. 218, 9th edit.; Hallilay's Digest, 194, 7th edit.; 1 Steph. Com. 269, 5th edit.)

Q.-Define the terms dower and freebench.

A.-Dower has already been defined: (see suprà.) Freebench is the wife's dower in copyholds, given only by the custom of the manor: (Will. Real Pro. 368, 9th edit.; Hallilay's Digest, 194, 7th edit.)

Q. What is jointure?

A.-An estate for life given to the wife under a conveyance or settlement, to take effect in possession immediately after the husband's death, and is in lieu of dower: (Will. Real Pro. 226, 9th edit.; Hallilay's Digest, 193, 7th edit.)

REVERSIONS AND REMAINDERS.

Q.-Describe and show the difference between a reversion and a vested remainder.(a)

A.-A reversion is the residue of an estate left in the grantor to commence in possession the moment the prior estate determines. It arises by

(a) Twice.

K

operation of law. A vested remainder is a present estate always ready to come into possession the moment the prior estate determines. It arises by the act or limitation of the parties. Again, between the particular tenant and the reversioner a tenure exists; not so, however, between the particular tenant and the remainderman: (Will. Real Pro. 231, 232, 9th edit.; 1 Steph. Com. 324, 330, 5th edit.; Hallilay's Digest, 165, 7th edit.) Q.-What is the difference between a remainderman and a reversioner? A.-See preceding answer and text books referred to.

Q.-State the difference between a reversion and an escheat.

A.-As before shown, a reversion is the residue of an estate left in the grantor, which comes into possession on the determination of the particular estate granted out by him. And this reversion might be of the fee, or of an estate for life, or for years; whereas escheat is the resulting back of an estate in fee simple to the lord of the fee by reason of the lordship or seigniory in him, when the tenant dies without heirs and intestate, or when his blood is attainted: (1 Steph. Com. 319, 437, 438, 5th edit. ; Will. Real Pro. 121, 231, 9th edit.; Hallilay's Digest, 165, 298, 7th edit.) Q.-What is the rule in Shelley's case?

A. Whenever an estate of freehold is given and by the same conveyance or will an ulterior estate (whether mediately or immediately) is limited to the heirs of the same person in fee or in tail, such ulterior estate vests in that person himself in the same manner as if it had been expressly given to him and his heirs—the word “heirs " being a word of limitation and not of purchase: (Will. Real Pro. 249, 9th edit.; Hallilay's Digest, 167, 7th edit.)

Q.-Give a short familiar illustration of the rule in Shelley's case.

A.—A limitation by deed or will to A. for life, and after his death to B. for life, and after the death of B. to the right heirs of A. A. takes an estate in fee simple under this rule; the word heirs being construed as a word of limitation: (1 Steph. Com. 339, 5th edit.; Will. Real Pro. 246, 9th edit.; Hallilay's Digest, 167, 7th edit.)

Q.-Define a contingent remainder, and give an example.(a)

A.-According to Mr. Williams, "as distinguished from an executory interest, it is a future estate, which waits for and depends on the determination of the estates which precede it; but as distinguished from a vested remainder, it is an estate in remainder, which is not ready from its commencement to its end, to come into possession at any moment the prior estate may happen to determine." As, if land be given to A. for life, and after his death to the first son of B., who has then no son born: (Will. Real Pro. 257, 9th edit.; Hallilay's Digest, 166, 7th edit.)

Q.-Give an instance of a contingent remainder and a vested remainder respectively.

A. An example of a contingent remainder is given in the preceding

answer.

If lands be granted or devised to A. B. for life and after his decease to C. D. and his heirs, the interest of C. D. is said to be a vested remainder: (Will. Real Pro. 243, 9th edit.; Hallilay's Digest, 165, 7th edit.)

Q.-What is the rule against perpetuities?

A. The rule against perpetuities is one which prohibits real or personal property from being tied up for a longer period than the lives of existing persons and twenty-one years after their decease, allowing a

(a) Twice.

further time for gestation if it actually exists: (Hallilay's Digest, 288, 7th edit.; Will. Real Pro. 50, 263, 9th edit.)

Q.-What is the longest period for which lands can be settled supposing them to be incumbered with debt? (a)

A.-This question is answered by the above. The fact of incumbrances can make no difference on this point. It must, however, be remembered that the 39 & 40 Geo. 3, c. 98 (creating the rule against perpetuíties), does not extend to any provision for payment of debts, or raising portions for children: (Will. Real. Pro. 306, 9th edit.; Hallilay's Digest, 288, 9th edit.)

Q-State the effect of the law as to the destruction of contingent remainders, and how formerly prevented; also mention, as near as you can, the statute which made an alteration as to their destruction and its effect.

A. Such remainders were not only liable to destruction by the natural determination of the prior estate for life, but also by its premature destruction by forfeiture, surrender, or merger before the contingency happened. This was formerly prevented by vesting in trustees an estate to come into possession on such premature determination, and to continue during the life of the tenant for life, and for his use. By the 8 & 9 Vict. c. 106, however, a contingent remainder is capable of taking effect notwithstanding the forfeiture, surrender, or merger of the prior estate of freehold : (Will. Real Pro. 268, 9th edit.; 1 Steph. Com. 335, 339, 5th edit.; Hallilay's Digest, 168, 7th edit.)

Q. In respect of what property is succession duty payable ?(a)

A. When by any disposition or devolution of property, real or personal, any person becomes beneficially entitled thereto or the income thereof upon the death of any person either immediately or after any interval: (Will. Real Pro. 275, 298, 9th edit.; Hallilay's Digest, 252, 7th edit.)

EXECUTORY INTERESTS.

Q.-What is the meaning of the word "executory," and by what instrumentality can an executory interest be created, and within what length of time must it arise? (a)

A. An estate is said to be executory when it is merely a future interest, which may or may not arise, but which is in its nature indestructible. It arises, when its time comes, of its own inherent strength, and does not depend for protection on any prior estate, but often puts an end to such prior estate. It arises either under the Statute of Uses or by Will. An executory interest must commence within the period of any fixed number of existing lives, and an additional term of twenty-one years, allowing further for the period of gestation if it actually exists. The twenty-one years may be independent or not of the minority of any person. to be entitled, and if no lives are fixed on, then the term of twenty-one years only is allowed: (Will. Real Pro. 277, 304, 9th edit.)

Q.-Lands are conveyed to A. and his heirs to such uses as he shall appoint; A. appoints the lands to the use of himself in fee. What estate, if any, has A. in the lands?

A. He takes the fee simple in the lands: (Will. Real Pro. 282, 9th edit.)

Q.-An estate stands limited to such uses as A. B. shall by deed or will

(a) Twice.

executed by three or more persons, appoint. A. B. by his will executed as required by the Wills Act, but in the presence of two witnesses only, assumed to exercise the power. Is this will a valid execution of the power ?

A.—Yes, as the 10th section of the Wills Act expressly enacts that every will executed in the manner thereby required, shall so far as respects the execution and attestation thereof, be a valid execution of a power of appointment by will, notwithstanding it shall have been expressly required that a will made in exercise of such power should be executed with some additional or other form of execution or solemnity: (Will. Real Pro. 287, 9th edit.; Hallilay's Digest, 275, 7th edit.)

Q.-If lands be conveyed to such uses as B. shall appoint, and in default of and until such appointment to C. and his heirs, what are the interests of B. and C. respectively?

A.-C. here has a vested estate in fee, but subject to be destroyed at any moment by the exercise by B. of the power of appointment. B. has no interest in the land. He has simply the power, but there is nothing to prevent him from appointing to himself, so as to become the absolute owner of the property: (Will. Real Pro. 282, 9th edit.; Hallilay's Digest, 227, 7th edit.)

Q.—If lands be limited to such uses as A. shall appoint, and in default of appointment to A. and his heirs, and he makes a partial disposition of his interest, what effect has that on his power?

A.—It is a suspension of his power to the extent of the interest created; for no man can derogate from his own grant: (Will. Real Pro. 290, 9th edit.; Hallilay's Digest, 227, 7th edit.)

Q.—What are the usual provisions of a power of sale and exchange? (a) A.—That it shall be lawful for the trustees of the settlement, with the consent of the tenant for life in possession under the settlement (and sometimes also at their discretion, when such tenant is an infant), to sell or exchange the settled lands, and for that purpose to revoke the uses of the lands sold or exchanged, and to appoint other uses in their stead to effectuate the transaction. The money to arise from such sale, or for an equality of exchange, to be laid out in the purchase of other lands, to be settled to the like uses as the lands sold or exchanged; and that until such settlement the money is to be invested and the interest thereof paid to the persons entitled to the rents of the new lands if purchased: (Will. Real Pro. 294, 9th edit.)

HEREDITAMENTS PURELY INCORPOREAL.

Q.-Incorporeal hereditaments are appendant, appurtenant, and in gross; explain the difference between them, and give instances of each.(b)

A.-Incorporeal hereditaments appendant arise as an incident of tenure, as where the occupiers of arable land holden of a manor have a right to pasture their commonable cattle on the wastes of the manor. Appurtenant incorporeal hereditaments arise not because of tenure, but by grant or prescription: as if A., the owner of land in fee, grants part of it to B., a stranger, and a right of way incident thereto over the remaining part of A.'s estate. If either of the above incorporeal hereditaments become severed from the land, they become incorporeal hereditaments in gross : (1 Steph. Com. ch. 23; Will. Real Pro. ch. 4, pt. 2.) Q.-Describe an easement, and give examples.

A.-An easement is a right which tends rather to the convenience than

the profit of the claimant; as a right of way or of water: (1 Steph. Com. 656, 5th edit.; Hallilay's Digest, 174, 7th edit.)

Q.-Define a rent-charge, and say how it is created and secured, and what estates can be had in it.

A. It is a rent or other annual sum charged upon land. Being an incorporeal hereditament, it must be created by deed of grant, unless it be given by will. The payment is secured by powers of distress and entry, in the deed creating it. There may be an estate for life, or in tail, or in fee therein (Will. Real Pro. 314, 317, 9th edit.; Hallilay's Digest, 173, 174, 7th edit.)

Q.—Can a rent-charge be created by a writing not under seal, or by a will?

A.-It may be created by a will, but not by a writing not under seal by act inter vivos; for it is an incorporeal hereditament, which requires a deed of grant for its creation: (Will. Real Pro. 315, 9th edit.; Hallilay's Digest, 173, 7th edit.)

Q.-Is an express power of distress necessary for the security of a rentcharge, and if not, why not?

A.-Formerly it was, and if it were omitted, it was considered only a rent-seck (or a dry and barren rent). But by 4 Geo. 2, c. 28, powers of distress have been attached to rents seck, and hence a rentcharge does not now require an express power to distrain, although it is usual to give it: (Will. Real Pro. 318, 9th edit.; Hallilay's Digest, 174, 7th edit.)

Q.-What is an advowson, and what right does it confer on its owner? A.—An advowson is the perpetual right of presentation to a church or ecclesiastical benefice. The owner or patron has no interest in the tithe or glebe, merely a right of nomination from time to time as the living becomes vacant: (Will. Real Pro. 325, 9th edit.; Hallilay's Digest, 176, 7th edit.)

Q.

What is the difference between a rector and a vicar?

A. A rector of an unappropriated advowson is a spiritual person, having the cure of souls and an exclusive title to all the tithe and glebe, &c. But if the advowson had been appropriated, then the rector might be either lay or ecclesiastical, and there would also be a vicar who would have the cure of souls within the parish, and take only a portion of the tithes, &c.: (3 Steph. Com. 70, et seq.; Will. Real Pro. 328, 9th edit.; Hallilay's Digest, 177, 7th edit.)

Q.-What constitutes the offence of simony?

A.-It is the corrupt presentation of any one to an ecclesiastical benefice for money, gift, or reward; so called from the resemblance it is said to bear to the sin of Simon Magus: (1 Steph. Com. 77, 5th edit.; Will. Real Pro. 329, 9th edit.; Hallilay's Digest, 180, 7th edit.)

COPYHOLDS.

Q.-What is a copyhold estate?

A.-An estate holden by copy of court roll, and in construction of law at the will of the lord of the manor to which it belongs, according to the custom of the manor: (Will. Real Pro. pt. 3, ch. 1; 1 Steph. Com. ch. 22; Hallilay's Digest, 181, 7th edit.)

Q.-Copyholds of inheritance are said to be held at the will of the lord, in whom the legal estate is vested; why cannot the lord eject the copyholder at his pleasure ?