SEPARATE ESTATE,

equitable doctrine of, considered, with reference to recent deci-

sions, 83, n.; addendum, xxix.

history of the doctrine, 86, n.

confers protectorship under 3 & 4 Will. 4, c. 74, 111.

SETTLEMENT,

suggestions as to settlement on marriage of landed proprietor,
249 n. (49).

strict, the policy of, questioned, 250 n. (49).

on wards of court marrying without approbation, 251 n. (49).
- their arbitrary character, ib.

----

common course of settlement in great families, 253 n. (49).
articles of, 265 n. (54).

in pursuance of articles, how to be made, ib.

STAMP,

on release of equity of redemption, 227 n. (39).

on sale of bankrupt's copyholds, 320 n. (101); 421, 424.

STATUTE OF USES,

dispositions under, not attainable at the common law, 75, 76.

STATUTES,

52 H. 3, c. 22, (chief rents, &c.) 21, ǹ.

6 Edw. 1, c. 4, (cessavit,) 21, n.

13 Edw. 1, c. 21, (de donis,) 91, 21, n.

18 Edw. 1, (West. 3, quia emptores,) 6, n.

18 Edw. 1, stat. 4, (modus levande fines,) 421, 424.

17 Edw. 3, c. 6, (tenants in capite,) 6, n.

STATUTES-continued.

34 Edw. 2, c. 15, (tenants in capite,) 6, n.
11 Hen. 6, c. 5, (uses,) 37.

1 R. 3, c. 1, (uses,) ib.
1 R. 3, c. 5, (uses,) ib.

1 R. 3, c. 7, (fines,) 124.

1 H. 7, c. 1, (uses,) 37.

4 H. 7, c. 24, (fines,) 20, 123, 124.

27 H. 8, c. 10, (stat. of uses,) 38.

27 H. 8, c. 16, (inrolments,) 59, 241 n. (43); 284 n. (60); 288

n. (61).

32 H. 8, c. 1, (wills,) 63.

32 H. 8, c. 36, (fines,) 20, 123, 124.

33 H. 8, c. 20, (trust estates, forfeiture,) 66.

34 H. 8, c. 5, (wills,) 63.

27 Eliz. c. 4, (voluntary settlements,) 239 n. (32).

12 Car. 2, c. 24, (military tenures,) 63.

29 Car. 2, c. 3, (frauds,) 18, 67, 68, 199 n. (11).

4 Anne, c. 16, (attornment,) 62.

10 Anne, c. 18, (bargains and sales inrolled,) 285 n. (60).
39 & 40 G. 3, c. 56, (money entailed,) 126.

39 & 40 G. 3, c. 88, (property forfeited to the crown,) 65.
39 & 40 G. 3, c. 98, (accumulations,) 82.

47 G. 3, sess. 2, c. 13, (property forfeited to the crown,) 65.

47 G. 3, sess. 2, c. 74, (real estates of traders,) 147.

54 G. 3, c. 161, (attestation of appointments,) 199 n. (11).

55 G. 3, c. 184, (general stamp act,) 227 n. (39); 299 n. (77);
320 n. (101).

59 G. 3, c. 94, (property forfeited to the crown,) 65.

6 Geo. 4, c. 16, (general bankrupt act,) 318 n. (99); 321 n.
(102); 324 n. (105).

6 G. 4, c. 17, (leasehold property escheated to the crown,) 65.
7 G. 4, c. 45, (money entailed,) 125.

Recent Statutes for the Amendment of the Law,

1 W. 4, c. 47, (real estate of traders,) 147.

1 W. 4, c. 60, (infant trustee,) 309 n. (85); 347 n. (127).

1 & 2 W. 4, c. 56, (bankrupt court act,) 286 n. (60); 318 n. (99).,
2 & 3 W. 4, c. 71, (prescription,) 160.

2 & 3 W. 4, c. 100, (tithes,) ib.

3 & 4 W. 4, c. 27, (limitation of actions,) 147.

3 & 4 W. 4, c. 74, (fines and recoveries,) 91, 123.

3 & 4 W. 4, c. 97, (stamps,) 161, n.

3 & 4 W. 4, c. 104, (simple contract debts,) 146.

3 & 4 W. 4, c. 105, (dower,) 135.

3 & 4 W. 4, c. 106, (inheritance act,) 145.

4 & 5 W. 4, c. 22, (apportionment of rents, &c,) 163.

4 & 5 W. 4, c. 23, (escheat,) 65, 161.

4 & 5 W. 4, c. 92, (fines and recoveries, Ireland,) 132.
When the recent statutes commence in operation, 161.

TABLE, 169.

Cursory observations on the recent statutes, 167, 168:

See

INDEX.

SUBSTITUTIONS,

at common law, 11, 12.

must have been strictly consecutive, ib.
what disallowed, 12.

by way of remainder only valid, 15.

SURRENDER, 19, 78, 218.

words of limitation or habendum in deeds of, improper, 219 n. (33).
deed, void as a surrender, good as an assignment, 222 n. (35),
to whom the surrender of a term should be made, 226 n. (38).

SURVIVOR,

a dangerous word, 242 n. (44).

contingent limitation to, 297 n. (75).

TABLE,

T.

of periods for commencement of new statutes, 169.

of descents, under the new law, 502.

TENANT IN TAIL,

how he may alien under 3 & 4 Will. 4, cap. 74, 97, et seq. (See
ESTATE TAIL.)

ex provisione viri, 105.

mortgages and other partial assurances by, 105, 117, 118, 383
n. (154).

effect of assurance by, having barred issue, but not remainders, 119.
(See ASSURANCES.)

having immediate fee, 120.

by heir expectant in tail during the life of
ancestor, 121.

in remainder may convey by grant, 372 n. (144).

confirmatory dispositions by, 125.

defective assurance by, 149.

TENENDUM, 194, n. 4.

TENURE,

system and history of, 4.

all lands holden of the king, 4, 8.

freehold and copyhold tenures, whence severally derived, 5.
tenure by military service, ib.

by socage, ib.

can now be created only by granting a partial interest, 7.
present state of the law with respect to, 8.

rules and incidents of, 9.

tenure between particular tenant and reversioner, 10.

consequences of, 10, 11.

sub-tenures restrained by stat. of Quia Emptores, ib.

rules of, not applicable to trust estates, 64, 67.

certain fruits of tenure taken from the lord by 4 & 5 W. 4,
c. 23, 162, n.

TERMS FOR YEARS,

may be raised, but not transferred, under the Statute of Uses,
40, 80.

merger of, prevented by a mesne legal estate, 222 n. (35).
how merged, 226 n. (38).

title to, how deduced, 234 n. (41).

how to be derived out of a chattel interest, 331 n. (115).

TESTAMENTARY DISPOSITION,

power of, over land, not permitted by the feudal law, 21.
over the use, as distinguished from the land, 28, 63.
extended by statute to the land itself, 28, 63.
right of, liberally expounded, 63.

TESTATUM,

operative words in the past tense, 193 n. (2).

TITLE, 162. (See LIMITATION OF ACTIONS.)

whether sixty years' title requisite notwithstanding 3 & 4 Will. 4,
c. 27, 152, 153, 154.

origin and reason of the practice requiring such title, 153.
not founded on analogy to the limitation of a writ of right, ib.

nor confined to cases in which that writ was available, ib.
caution against accepting a title for less than sixty years, 155.
Mr. Brodie's opinion as to the title which a purchaser may still
require, 178.

TRUSTS. (See EQUITABLE INTEREST.-USES BEFORE THE STATUTE.)
how created, 42, 43, 45.

use upon a use, 42.

no particular form of words necessary to create a trust, 45, 68.
trust in name may be a use in effect, ib.

present state of, 63.

analogous to uses before the statute, ib.

of what modifications susceptible, ib.

unaffected by the rules of tenure, ib.
shifting and future trusts, 64, 91.

qualities and incidents of, ib.

bind volunteers, but not purchasers without notice, ib.

maxim of equity, that a trust shall not fail for want of a trustee,
explained, 65.

trust, not a right to the land, but only a remedy against the

person, ib.

not binding on the lord, ib.

forfeitable for treason, ib.

subject to curtesy, 66.

not subject to dower before the recent statute, ib.

protected in equity against dower of trustee's wife, ib.

pursues the same course of succession as the legal estate, ib.

how far governed by analogy to legal rules, ib.

exceptions to such analogy, 67.

of the fee may pass without the word “heirs,” 66, 67.
exempt from control of common law judge, 67.
creation and transfer of, ib.

TRUSTS-continued.

written evidence of, required by the Statute of Frauds, 67.
raised by contract for sale, ib.

sometimes implied from circumstances, 69.

passive, prevalence of, accounted for, 69, 70.

use of, in conveyances, for purposes imperfectly attainable at
common law or by means of uses, 77.

unalienable, 83, n.; addendum, xxix.

resulting, on conveyances under 3 & 4 Will. 4, c. 74, 371
n. (142).

for raising portions for children, 257 n. (51).

nature of, ib.

upheld by equity, 25.

charged the conscience, ib.

not subject to the jurisdiction of the ordinary judge, ib.
cognizable in Chancery, ib.

not the objects of tenure, its rules or incidents, 26.

might be transferred by secret conveyance, ib.

could not be reached by the rules of the common law, ib.

not liable to forfeiture, 26, 27.

nor restricted as to the modifications of ownership, 27.
or as to the forms of conveyance, 28.

devisable, ib.

raised by contract, 29.

(See BARGAIN AND SALE.)

two modes of raising, 30.

- by transmutation of possession or without, ib.

governed in many points by analogy to the common law, ib.
official or active, 31.

permissive or passive, ib.

official, dictated by the wants of society, ib.

permissive, dictated by the rigor of the ancient law, 32.
express, ib.

constructive, 33, 45.

resulting, 33, 45, 187, 217 n. (32).