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ELECTION—continued.

when the testator is entitled in moieties, 86
when the testator is entitled subject to a charge, ib.

to the reversion, 87
dower, intention to dispose of lands free from, 87—89
disposition of after-acquired lands before the Wills Act, 89
when the heir is put to election, 89, 90
next of kin of married woman, when put to, 90
to raise, there must be a gift of free disposable property, ib., 91]

EMBLEMENTS,

when devisee takes, 151

ENDOW

a charity, gift to, 308
ENJOYMENT,

postponement of, does not affect vesting, 402
legatee having vested interest is entitled to, at twenty-ono, 461

specific, by tenant for life (see CONVERSION), 199—203
“ ENTITLED,"

meaning of, in clause of exclusion, 222, 223
gift over upon death before, whether it refers to vesting, 521

meaning of, in shifting clauses, 549
ENTIRETIES,

tenants by, how created, 322
ENUMERATION,
of particulars, effect of

in making gift specific, 112
in restricting large words, 182-186

in giving tenant for life specific enjoyment, 201, 202
EN VENTRE,

child (see Child) EN VENTRE), 237— 239, 247, 249, 334

EQUITY

to settlement, not out of property held by entireties, 322
EQUIVOCATION,
when it arises, 210-212

when two persons equally answer same description, 210
when part of a description applies equally to two persons and the

rest to no one, ib.
father and son may both equally answer description, 211
immaterial that will on the face discloses an, ib.
does not arise between two antecedents in the same will, ib.
may be explained by the will itself, ib., 212
whether it arises between nephews proper and wife's nephews, 212
does not arise where part of a description applies to one person, part

to another, ib., 213
ERASURES

in will, 32–34

revoking effect of, 39
ESCHEAT,

will of lands liable to, 71
whether it reunites freeholds with manor, 154
who entitled in case of, 612

Y Y

ESTABLISH,

gift to, a charity, 308

ESTATE,

at A. and of A., what passes under devise of, 96-98
when it will pass realty, 157, 158
devise of, whether it executes a general power over realty, 170, 171
when it will pass the fee, 325

ESTATE AND POWER,

distinguished, 355, 375, 376

ESTATE PUR AUTRE VIE,

limited in tail, whether devisable, 71, 72
whether fee passes without words of limitation, 325
devise on failure of issue of an, 546
descent of, 612, 613

ESTATE TAIL, 329—335

heirs explained by the context as equivalent to heirs of the body, 323
devise to several and their heirs successivels, ib., 324
effect of gift over in default of heirs to a collateral htir, 324
effect of gift over in default of issue on prior devise in fee, ib.
words of limitations proper to pass, 329-332

devise of copyholds to A. and heirs of his body, 329
heirs of the body or issue, ib.
heirs male, heirs lawfully begotten, ib.
effect of words of limitation superaddled, ib.

distribution superadded, ib.
" the elder son to be preferred to the younger," ib.
the heirs of the body must be the heirs of the ancestor, ib., 330
heirs of the body and heirs on the body of the wife begotten, 330
limitation to heirs of body of persons who may marry, ib.
devise to A. or the heirs of his body, 331
devise to A. and his issue passes ali estate tail, ib.
effect of words of distribu ion, ib., 332
devise to several and their issue and their heirs as tenants in

common, 332
by the operation of the rule in Wild's case (see Wild's CASE),

334, 335
by the operation of the rule in Sadley's case (see SHELLEY'S CASE),

335-345
by implication (see IMPLICATION), 563, 564

by the cy près doctrine (see CY PRÈS), 441-443
words creating an, in realty give absolute interest in personalty, 371
gift over of personalty after estate tail, 473
cannot be created in an annuity, 388
condition against marriage annexed to, void, 453

barring void, 460
conditions to determine, 461

ESTATES OF TRUSTEES (see TRUSTEES), 316-353

ET CÆTERA,

what it passes, 182

EVERY,

effect of, in a direct gift, 318
gift over on death of, construction of, 394

EVIDENCE,

of testamentary intention, 11
declaration as to execution not admissible, 23
as to what constitutes will, 32

alterations, ib.
of contents of lost will, 47
of trust when admitted, 64
of secret trust, ib., 65
of testator's meaning, what admitted, 95
that two instruments duplicates, 116
of meaning of description of persons, 207

nicknames, initials, 203
patent ambiguity, ib.
blanks, ib.
in cases of equivocation, 210, 211

See In bonis Drake, 50 L. J.P. 48.
of marriage by reputation, 227
of intention to benefit certain children, 242
to rebut satisfaction, 586
entries after date of will, 597
that advances intended to be a gift, 598

to support executor's title to residue, 615
EXCEPTION
of property out of devise, what it includes, 161

in fee, passes fee, 327

from a residue, for particular purpose, 189
EXCHANGE,

before date of will of thing specifically given, effect of, 102

power of, whether inserted in settlement, 561
EXCLUSION,

clauses of, 222, 223

from being next of kin, 278, 279, 610--612
EXECUTION

of powers (see Powers), 170-181
EXECUTORS,

special, of parts of property, 76
delegation of power to appoint, ib.
appointed by several instruments, ib.
according to tenor, 77

See In bonis Love, 7 L. R. Ir. 178
used as a word of purchase, 286—289
gift to A. or his, whether it goes to next of kin, 286, 287, 601
whether they take in trust or beneficially, 287
gift to, in respect of office, ib.
what is an acceptance of the office, ib.
when the executor is entitled, though he ilvez not act, ib., 288
duration of annuity to, for his trouble, 396
gift of residue to, whether beneficial or in trust, 283
whether gift to, is a gift to a class, 607
used as a word of limitation of realty, 323

of personalty, 370
when they take beneficially, ib.
when they have implied power of sale over real estate, 360—353
land directed to be sold to pay debts and legacies, 360

to create a mixed fund for division, ib.
direction to sell and divide proceeds, ib.
effect of Lord St. Leonards' Act, ib., 361

EXECUTORS-continued.

devise to trustees subject to charge of debts, 361
beneficial devise subject to debts to a person who is executor, ib.
similar devise to person not executor, ib.

effect of a general charge of debts, 362, 363
direction to, to sell lands, effect of, 355, 356

copyholds, 356
when acting, may sell, ib.
power of sale to, ib.
whether it survives, ib.
whether executor of, can sell, 357
power of, over personalty, 364
lease by, ib., 365
cannot carry on business without power, 366, 367
appointment of, whether it executes a general power, 179
when lapsed legacy goes to, 601, 603, 604
when they take residue undisposed of, 614–617

effect of Lord St. Leonards' Act, 613, 614
contrary intention, 613
the Act does not apply where there are no next of kin, 614
they do not take lapsed or void legacies, ib.
nor residue given on trust, ib.
nor when they are treated as trustees, ib.
nor where there is an intention to dispose of the residue not carried

out, 615
legacy to a sole executor makes him trustee, ib.
unless the legacy can be accounted for as an exception out of a

larger gift, 616
equal legacies to several executors make them trustees, ib.
effect of unequal legacies, ib.
legacy to an executor for his trouble converts all into trustees, 617

executors appointed for special reasons take on trust, ib.
EXECUTORY INTERESTS,
and remainders distinguished, 474, 475

(See GIFTS OVER, DIVESTING.)
EXECUTORY TRUST, 5564-562

for A. and her children, how executed, 317
whether children take jointly or in commor, 321
what is an, 556
direction to purchase lands to be held on trusts of another instrument is

not, ib.
distinction between marriage articles and wills, 557
how far rule in Shelley's case applies to, ib., 558
direction to settle on A. and the heirs of his body, 557

A. for life, remainder to his heirs, ib.
effect of gift over, if first taker dies without issue, ib.
direction to make a strict entail, 558
direction to settle property to go with a title, ib.
effect of words as far as rules of law permit, ib.
direction to settle upon marriage, 559
how executed, ib., 560
in what cases tenant for life will be unimpeachable for waste, 560, 561
settlement to the separate use will be with restraint on anticipation, 561

what powers will be inserted in execution of, ib., 562
EXONERATION,
of specific legacies, 124—126
from liabilities created by the testator, 124, 125

incident to the thing, 125, 126

EXONERATION—continued.
of mortgaged property, 126-133

devise of land "subject to" the mortgage, 126
effect of charge of the mortgage on the land in distinct sentence, 127
Locke King's Act, ib.
the amending Acts, 128

Crown taking in default of next of kin is within the Act, ib.
heir by descent from person dying after December 31, 1854,

not entitled to exoneration, 128, 129
copyholds within the Act, 129
lands on trusts for sale not within the Act, ib.
apportionment of mortgage, ib.
leaseholds whether within Acts, ib.
mortgages by deposit are within the Act, 130
general charge is not, ib.
nor covenant to pay a mortgage, ib.
lien on lands purchased by testator is, ib.
effect of general direction to pay debts, ib., 131
direction to pay debts out of personal estate, 131

- mortgages out of an insufficient fund, 132
what proportion of mortgage mortgaged lands bear, ib.
mortgaged land devised to several, ib., 133
collateral mortgages, 133

charge as between land given by deed and devised, ib.
of personalty from payment of debts, 638–643

by express words, 638
wbether gift over of the fund is necessary, ib.
whether personalty exonerated is exonerated in favour of next of

kin, 639
on the general context,

charge of debts on realty will not effect, ib.
whether devise on condition of paying debts will effect, ib.
effect of express charge of certain debts on personalty, ib., 610
gift of realty and personalty on trust to pay debts, 640

to convert and pay debts, ib.
discretion of trustees to sell realty, ib.
realty to be sold and fall into personalty, ib.
income of realty and personalty charged with debts, ib., 641
gift of residue of real and personal estate charges realty but does

not exonerate personalty, 641
charge of testamentary expenses on realty, where personalty is

specifically given, ib.
legacies charged on land where personalty specifically given, ib.
effect of specific gift of personalty to executor, 642
effect of charge of particular debts on realty, ib.
gift of land after payment of debts, 643

F.

FAILURE,

of prior gift through want of persons to take, where the gift over is on

failure of those persons in a particular way, 481–483
of prior gift by lapse, will not make invalid gift over, valid, 460, 473

FAILURE OF ISSUE. (See DEATH WITHOUT ISSUE.)

application of the maxim (see DESCRIPTION), 99, 100, 209, 211

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