POWER, appointment under a, 731 et seq. attestation of, when made by deed, 735 et seq. will, 740 et seq. benefit of donee, when, vitiates, 767. consent to, anticipatory, whether sufficient, 735. defects in execution of, supply of, 738. estate, what may be limited in, 760. excessive, nature and effects of, 758 et seq. by general rules of law as infringing rules as to per- petuities, 758. terms of the power, 761 et seq. delegation, 762. different interest, 763. greater estate, 763. subject to unauthorized condition, 761. to unauthorized person, 762. exclusive, now valid, 758. old law as to, 755 et seq. fraud on power, 765. And see ADDENDA. purchaser with notice of, 772. grantee to uses not required in, 775. habendum, insertion of, in, improper, 84. hotchpot clause, when necessary in, 782. illusory, 755. indirect object vitiating, 769. inrolment, direction as to, must be observed, 735. mode of framing, 734 et seq. nature of deed or will, 742. operation of, under power or ownership, 745. power of revocation and new appointment may be reserved in, 749. donee may regulate form of revocation, but not of new appointment, 749. not bound to reserve, 749, 751. whether implies power to appoint to new reference to power in, 734. settlement, contemporaneous with, 768. signature, direction as to, before witnesses, 737. succession duty on, 773, 774. terms of power must be strictly followed, 735 et seq. testamentary, not affected by domicil, 743. exercise of, by infants, 734. by married woman, 732. acknowledgment, whether necessary, 732. POWER-continued. exercise of, by married woman-continued. where life interest is given with a general power, 743. by trustee of settled land, consent of tenant for life to, 96. And see ADDENDA. fraudulent, 765. on condition or contingency, 752. time, limit of, for, 752. PRESENTATION. See "Advowson." PRESUMPTION, as to death after long absence, 35. how far to be relied on, 36. time of, must be established by evidence, 36. encroachment, acquiescence in, 70. enrolment, 161. erasures and interlineations in instruments, 88. faculty, conferring right to pew, 75. land tax being charge on property, 178. livery of seisin, 170. marriage, 157. pedigree, from conduct of relations, 153. resulting trust on purchase with another's money, 334 et seq. what sufficient to rebut, 339 et seq. stamps on lost documents, 401. tenure of lands by gavelkind, &c., 143. waste strips adjoining roads, ownership of, 71. PRINTED NAME, a good signature, 314. PROBATE, assent cannot be given in evidence before, 176. PROOF. See "Bankruptcy"; "Evidence." PROTECTOR of settlement, appointment of, 809. PURCHASE, by mistake, 356. in name of child or wife, 339 et seq. third person, 333. of land by railway company, 437 et seq. RAILWAY, bill, withdrawal of opposition to, 440. company, accommodation works, construction of, by, 448. exchange of lands by, 523. fences, &c., liability as to maintenance of, 448. sale by agreement of lands to, 437 et seq. shares in, what evidence required of title to, 78. promoters of, sale of land to, 440. REAL ACTIONS, abolished, 19. REAL ESTATE, turnpike tolls are not, 7. See also “Conversion." RECEIPT, clause, abstract should notice, 87. estoppel by, 87. for rent, production of last, as evidence, on sale, &c. of leaseholds, 428. RECEIVER, accounts to be passed by, 696. allowances to, for expenses, &c., 694. appointed by deed, different from receiver appointed by Court, 690. mortgagee, 692. trustee, 691. who generally, may be appointed, 691. of, by Court, under what circumstances, 697. trustees, &c., without express authority, 695. arrears due on appointment of, 697. distress by, 699, 700. ejectment against, 701. insolvency of, 696. loss, by default of, 697. involuntary, by, 701. money due from, a debt of record, 702. necessity for, depends on trouble in collection, 695. of copyholds, by power of attorney, 699. powers of, cannot be delegated without express authority, 702. RECITALS, abstract, when, should set out, 83. evidence, how far, 129, 130. where deed twenty years old, 53. RECITALS-continued. insertion of, whether advisable in agreements for adoption for sale, of parcels, may facilitate identification, 83. payment of consideration money, prima facie evidence of receipt, seisin in fee simple, in deed twenty years old, 53. RELEASE, of annuity, 682. RENT, claim, whether sufficient consideration for contract, 328. charge, action for recovery of arrears of, 656. apportionment of, by unity of possession, 683. in point of time, 685. where payable out of separate properties, arrears of, interest whether payable on, 688. remedy for enforcing payment of, after assignment, whether notice of assignment of, to be given, 666. assent of executor to bequest of, 670. attornment now unnecessary, 657. bankruptcy, proof in, for arrears of, 676 et seq. chattel, whether subject to, at common law, 668. creation of, by way of use, 650. distinction between, and rent seck, 647. demand of payment, whether necessary before, 672. chattel interest in, as regards, 670. power of, whether necessary in case of devise, 669. as to copyholds, 674. escheat of, none, 138, 684. exchange of, 522. extinguishment of, 681 et seq. bar by Statute of Limitations, 681. release of actions, whether amounts to, 682. unity of possession, 683. grant of, by coparceners, 663. joint tenant, 662. out of incorporeal hereditament, effect of, 648. land in several counties, 659. one parcel of land, and distress in another, 669. interest on arrears of, whether payable, 688 et seq. receiver, appointment of, to secure payment of, 691 et seq. for arrears, after assignment, 666. void, may be good as annuity, 650. in respect of lease, receipt for, how evidence of performance of lessee's seck, definition of, 647. covenants, 428. of, title when barred by, 33. service, distress by lord of ancient seignory for, 661. REPAIRS, receiver's authority to execute, 700. REQUISITIONS, abstract, non-delivery of, effect of, as to purchaser's right to make, 65. excessive, what are, 97. pressed, may entitle vendor to rescind, effect of this stipulation, 404. |