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gift for release of poachers, 293

superstitious uses, ib.
for masses, ib.
for masses in Ireland, ib., 294
for relief of aged, impotent, and poor, 294
for widows and orphans, ib.
to poor relations, whether charitable, ib., 295
in respect of an office, 295, 296
to poor clergymen to be selected by a trustee, 296

to trustees of a charity without more, ib.
doctrine of cy près, 296—301, 311

gift to a particular charity may lapse, 296
misdescription of a charitable society, 297
gift for definite charitable object may fail, ib.
inquiry directed as to the possibility of an object, ib.
gift upon a remote event is void, ib.
gift for charitable or other indefinite objects, 298
where part must be applied to charity, ib.
when there is a general charitable intent, 299
whether particular charitable gifts fall into residue given to charity, ib.
gift contrary to policy of statute, ib.

increase in value of rents and profits given to, ib., 300, 301
administration of, 301, 302
gift to charitable institution is administered by the institution, 301

trustees administered by court, ib.

foreign trustees, ib.
where a discretion left to the trustee, 302
what may not be given to charity, 302–313

effect of the statute of Mortmain, ib.
what is an interest in land within the Act, 302-306

money to arise from sale of land, 302
purchase money for land contracted to be sold, 303
money to arise from sale of land under a prior instrument, ib.
crops, leaseholds, 304
money secured by mortgage of land, ib.
equitable mortgages and mortgages of leaseholds, ib.
mortgages of real and personal property when apportioned, ib.

of rates on occupiers, ib.
of poor rates, ib.

of turnpike tolls and harbours and dock rates, ib.
Metropolitan Board of Works Stock, ib.
arrears of interest due on a mortgage, 305
rent accrued since the death on land contracted to be sold, ib.
judgment debt charged on realty, ib.
covenant to leave money by will is void as regards realty, 305
shares in public companies are not within the statute, ib.
debenture stock, debentures, mortgage debentures of railways,

305, 306
bonds charged on police rates, 306
arrears of rent due at the death, ib.
nor apportioned rent, ib.
nor royalty on minerals, nor tenant's fixtures, ib.
legacy duty on charitable legacy must be paid out of pure

personalty, 302
what is personalty to be laid out in land, 306–310

money to be invested on real or mortgage security, 306
money ultimately to be invested in land, ib.
where the trustees have an option, ib.
gift to pay off a mortgage debt, ib., 307


gift to improve, enlarge, or repair a charitable institution, 307

build, ib.
discretion to trustees to build or not, ib.

trustees to select charities, ib.
gift to establish a charity, 308

provide a charity, ib.
support or found, ib.

endow, ib.
evidence of intention that land was not intended to be purchased,

ib., 309, 310
gift to charity existing for purchase of land, 310

foreign charity, ib.
universities of Oxford and Cambridge, and Eton, Winchester, and

Westminster, ib., 311
whether a devise to a college carries legal estate, 311
charities empowered to bold lands, ib.
money to be employed on land devised to charity, ib.
redemption of land tax, ib.
Church Building Acts, ib., 312
endowment of districts, 312
secret trust for, bad, 313

whether legal estate passes, ib.
gift over of property given to, cannot be too remote, 424
whether accumulation directed in favour of, may be stopped, 447
gift to, of residue after void gift is good, 585

marshalling in favour of, 628, 629

when trustees take, 352, 353

in a house, bequest of, 121, 122, 150, 151, 186
meaning of, 160
bequest of, by reference to limitations of realty, 552–555
effect of revocation of trusts of realty, 577
executory trust to settle, 558

who entitled to, in default of next of kin, 612

when used as a word of limitation, 332, 333

is considered as born for purposes of benefit, 249
but for no other purpose, ib.
whether illegitimate, can acquire reputation of parentage, 237—239

effect of, upon rule in Wild's case, 334
gifts to illegitimate (see ILLEGITIMATE CHILDREN), 226—239

legitimate, 239—256
whether children must be legitimate according to English law, 226,

includes children by a first and second marriage, 239
does not include grandchildren, ib., 240
words of futurity will not exclude existing children, 240
posthumous children, ib.
words referring to existing children will not exclude afterborn, ib.
express gift to a child will not exclude him from a gift to children, ib.
gift to a class for life and then to their children, when some members
of the class are dead at the date of the will, 241

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gift to the children of A. and B., 241

a certain number of children when there are more, ih, 242,

when the class is ascertained (see CLASS WHEN ASCERTAINED), 243–


effect of words of futurity upon the ascertainment of the class, 251
gifts to parent and, whether they take successively or jointly, 314317
used as a word of limitation (see Wild's case, rule in), 332–335
gifts to, who survive their parents (see VESTING), 418—422
portions for, when excepted from Thellusson Act, 445, 446
gifts over upon death without, 532, 533

without leaving, ib.

unmarried and without, 528

whether they pass as things in a locality, 150, 151, 160


gift to build a, 312

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gift to, right to income, 137

one of a, 219
devise to a, in tail, whether they take jointly or successively, 314
gift to a contingent, and upon a contingency, 403, 404, 409, 410
gifts to a, when the youngest attains twenty-one, 417, 418
doctrine of lapse in case of gifts to a, 605, 606
what is a gift to a, 607
gift to persons " before named,” ib.

five ughters of A., ib.
executors" herein-named," ib.
a class and an individual, ib., 608


when the gift is to younger children, 221, 222
when the gift is to younger children upon a contingency, ib.
when the eldest son is to be ascertained, 224
in gifts to children, 242—252

immediate gift or devise, 242, 243
contingent remainder, 244
copyholds, 245
effect of recent statute, ib.
equitable remainder, ib.
future gifts, 246
gift of reversionary property, ib.

to be paid at twenty-one, ib.

- of maintenance out of vested shares, 247
division when the youngest attains twenty-one, 248
gift of fixed sum to each member of a class, ib.

to children who attain twenty-one, ib.
child en ventre admitted, 249

conceived before but born after marriage, ib.
class to take in default of appointment, 249–251
where the only gift is through the power, 249, 250
power to appoint by deed or will, 250, 251

effect of words of futurity, 251, 252
in the case of gifts to issue, 262
when the gift is substitutional, ib.

in remainder, ib.

in the case of gifts to relations, 264–266, 280

the class is ascertained at the death of the propositus, 264
where the tenant for life is sole next of kin, ib., 265

when the class to take in default is ascertained, 265, 266
in the case of gifts to next of kin or heirs, 280—283

same rules apply to realty, personalty, and a mixed fund, 280
next of kin are ascertainable at the death of the propositus, ib.
when the tenant for life is sole next of kin, ib., 281
exception of persons who could only be next of kin if the tenant for

life were dead, 281
next of kin of a deceased person when the tenant for life is sole next

of kin, ib.
same rules apply in the case of executory gifts, ib., 282
when the gift is to nearest of kin of my family or relations, ib.

effect of words of futurity upon the rule, 282, 283
in the case of substitutional gifts, 500, 501

-gifts to survivors (see SURVIVORS), 511-516

gift of, whether free from legacy duty, 143

revocation of will by, 42—44, 576, 578, 579
revival of will by, 58-60

See In bonis Stedman, 29 W. R. 743.

devise to, in default of heirs, creates an estate tail, 324

devise to, 310, 311

what creates (see Joint TENANCY), 320-322

of original apply to substituted legacy, 117, 118
distinguished from cases of election, 82, 83

from trusts, 382, 398

from limitations, 398
devise subject to a proviso, 399
estate of trustees to preserve, ib.
general test of. precedent, ib., 400
involving consideration, ib.
requiring time for their performance, ib.
precedent must be fulfilled whether impossible, impolitic, or illegal, 400

involving physical impossibility void in personalty, ib.
discharged by testator, ib.

contra bonos mores void in personalty, ib. See VESTING, 400—406
subsequent, 450—471

impossible, impolitic, or illegal, are ineffectual, 450
whether a gift over is material, ib.
marriage with consent of several persons becomes impossible by

death of any, ib.
not performed through ignorance take effect, 451
unless the devisee is heir, ib.
forfeiting a legacy if not claimed within a given time, ib.
what amounts to a claim, ib.
whether effectual without gift over in realty, ib.


whether personalty follows the same rules, 451, 452
test of validity of, 452
of residence must be clearly defined, ib.
not to dispute a will are valid, ib.
not to institute legal proceedings, ib., 453

to require bonds not to marry, 453
in restraint of marriage, 453—457

applies to lawful marriage, 453
imposed on devisees for life or in fee are valid, ib.

devisee in tail, ib.
bad in case of personalty, ib.
same rule applies to a mixed fund, ib.
whether same rule applies to legacy out of proceeds of sale of

land, ib.
limitation till marriage is good, ib.
in partial restraint of marriage are good, 454
restraining widow or widower from marrying, ib.
requiring marriage with consent, ib.

See In re Brown's Trusts, 29 W. R. 604.

restraining marriage before a certain age, ib.
doctrine of, in terrorem,

to what conditions it applies, 454, 455
conditions in partial restraint of marriage, ib.

not to dispute a will, 455
effect of a gift over, ib.

whether the doctrine applies to conditions precedent, ib.
waiver of, by the testator, ib., 456
whether second marriage with consent fulfils condition requiring con-

sent, ib.

performance of, requiring consent, ib.
consent of several persons, ib., 457

of guardian not discharged by death of guardian appointed by the

will; In re Browon's Trusts, 29 W. R. 604
apportionment of condition, 457
right of pre-emption within given time, ib.
requiring a release within a given time, 458
performance of, generally, ib.
repugnant, 458—471

general restraints upon alienation are bad, 458
partial restraints upon alienation are valid, 459
whether restraint upon alienation by any particular assurance is

good, ib.
direction not to raise rents, ib.
gift over of personalty on alienation, ib.
gift over on alienation before certain time, ib., 460

before period of distribution, 460
gift over if legatee dies intestate, ib.

if prior gift is void at law, ib.
condition not to bar entail, ib.
estate tail cannot be determined in part, 461

directed to cease as if tenant in tail were dead, ib.
absolute interest directed to cease as if donee were dead, ib.
enjoyment cannot be postponed beyond twenty-one, ib.
life interest must be subject to bankruptcy law, ib.
whether trust for maintenance passes to creditors, ib.
life interest may be determined on bankruptcy, 462
distinction between limitations and conditions is immaterial, ib.
effect of gift over upon bankruptcy for the maintenance of the bank.

rupt and his family, ib., 463

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