An Introduction to Conveyancing, and the New Statutes Concerning Real Property

Effect of that construction in creating trusts

Condition of uses since the statute

Effect of the doctrine relative to a use upon a use in depriving uses of

their beneficial character

Uses and trusts may be created by any form of words.

How a limitation is ascertained to be a use within the statute

Uses beneficial, uses not beneficial, and trusts, distinguished

On limiting a use not beneficial, a trust arises.

Uses have lost their equitable character and assumed a legal character.

Immaterial at law whether the object of the use is designed to take

beneficially or not

Alleged inapplicability of the statute, where no use would have arisen

in equity, denied

Examination of the doctrine of a scintilla juris to feed future and con-

tingent uses...

Future and contingent uses described

how they took effect before the statute..

difficulties concerning them after the statute

Arguments against the scintilla doctrine

Contingent and future uses are turned by the statute into legal rights

on their creation...

Powers of appointing and revoking uses

Page

40

not distinguishable from contingent and future uses

The statute ameliorated the condition of the legal ownership

Dispositions void at the common law, good by way of use

54

55

56

But legal estates created by way of use are subject to the rules of

Distinction between such conveyances as operate by, and such as ope-

rate without transmutation of possession

confined to bargains and sales of freehold interests ..

evaded by the modern Lease and Release

Practical use of the bargain and sale, and the lease and release...

Publicity would not have resulted from the inrolment of bargains and

sales for years

nor from the solemnities of common law assurances

Testamentary power over land conferred by the legislature

TRUSTS, or equitable interests after the statute, analogous to uses be-

Trusts, &c.-continued.

1, Trusts, in regard to the modifications of which the equit-

able interest admits

unaffected by the rules of tenure

....

Page

63

64

ib.

2, Trusts, in regard to their qualities and incidents....
bind volunteers, but not purchasers without notice.. ib.

Rule of equity that a trust shall not fail for want of a trus-

tee, reconciled with the personal nature of a trust......

Trusts not binding upon the lord

forfeitable for treason......

subject to curtesy, but not to dower

protected in equity against dower attaching on the

legal inheritance of the trustee ..

ib.

ib.

. how far governed by analogy to legal rules . . . . .
form a system more distinct than uses before the

statute ....

3, Trusts in regard to their creation and transfer.

may be created and transferred without formality

Of contracts for sale and specific performance ...

Practice of conveying equitable interests according to legal forms

The prevalence at this day of passive trusts referred to several causes .. ib.

1, to the necessity of guarding against forfeiture ; and

2, to the desire of preventing dower

3, to the ductility of trusts . . . .

herein of trustees to preserve contingent remainders ....

70

ib.

71

4, to the exclusion of leaseholds for years from the statute of

uses....

..... ib.

5, to mistakes in framing, or the convenience of framing the
deed ........

OF THE GENERAL STATE OF THE LAW OF REAL PROPERTY.

Practical result of the preceding chapters . . . . .

Importance of distinguishing between the common law, the statute

law, and equity

As to freeholds

Enumeration of objects unattainable at the common law...

The same objects shown to be attainable by means of uses

under the statute law

As to freeholds-continued.

Of certain objects imperfectly attainable either at the common

law or by means of uses under the statute

............

but which may be ultimately secured by resorting to

trusts in equity

......

Theory of a conveyance to uses

As to leaseholds for years-terms may be created, but not transferred by

means of uses under the statute

As to copyholds-how conveyed and of what limitations susceptible 81

Extensive right of modification and alienation enjoyed over real pro-

perty

Conclusion

CHAPTER V.

OF THE STATUTES OF WILL. IV. RELATING TO REAL PROPERTY.

FINES and RECOVERIES-3 & 4 Will. 4, c. 74

I. Abolition of fines and recoveries; also of warranty, as a bar to

issue and remainder-men

II. Fines and recoveries, void or defective, supplied or cured in cer-

tain cases

Defect of jurisdiction

Errors in form

Want of a good tenant to the præcipe

III. Mode of assurance substituted for barring entails of land.............

Inrolment under this provision does not supersede inrolment pre-

scribed by any other law

Necessity of a legal conveyance by deed

The necessity of such a conveyance extends to mere equities and

rights....

Mode of assurance, how to be ascertained

shown by examples, of both legal and equitable entails....

Contingent interests may still be bound by indenture

Tenants in tail ex provisione viri.......

IV. Institution of a "protector of the settlement."

Assurance of tenant in tail in remainder bars the issue...

- but not remainders over without the consent of the protector.. ib.

Consent of protector, how to be given...

ib.

Tenant in tail may bar remainders in vacation...

ib.

Protectorship contrasted with the old tenancy to the præcipe

Exclusion of alienees, &c. from the protectorship

ib.

111

for cases of incapacity

ib.

......

112

Provision for the case of more than one prior estate, where the

first taker is excluded......

for the case of a married woman

Power to appoint a protector or protectors

Certain cases in which the protectorship has respect to the old law ib.

The protector not required to convey

Prior estates and entail must be created by the same instrument.. 116

Effect of mortgages, and other dispositions for a limited purpose. 117

Distinctions in regard to partial alienations

Effect of assurance, by tenant in tail, having barred the issue, but

not the remainders...

by heir in tail, living the ancestor

118

119

ib

by tenant in tail, with the immediate fee in himself ... 120

V. Mode of barring entails of copyholds......

......

122

ib.

Effect of disposition by tenant in tail in confirming voidable estate 123

General scheme of the act in regard to alienation by tenants in tail

Effect of such contracts and assurances by tenant in tail as are

not within the act.

The new law not a mere substitute for the old

extends to contingent estates tail

VI. Repeal of former acts relating to entailed money

Mode of assurance substituted .....

Progress of the law in regard to entailed money

VII. Mode of assurance substituted for binding married women in re-

spect of freeholds

in respect of copyholds..

The act embraces other objects.

Liability, as between vendor and purchaser, to the expence of an

Points in which the Irish Fine and recovery Act differs from the

English

......

Interpolated clause relative to contingent and executory rights

b

practical consequences

Saving of rights of women married on or before 1st Jan. 1834-its

Unfounded doubts relating to dower under the new law

ib.

141

whether a title to dower is within the Fine and Recovery

Act .....

ib.

whether husband's declaration will exclude wife's dower out

of lands acquired after 1st Jan. 1834, where the marriage took

place on or before that day

Opinions concerning the dower Act

Free-bench.....

DESCENTS-3 & 4 Will. 4, c. 106

Admission of lineal ancestry, half-blood, and attainted blood.... ib.

Devise to heir, and limitation to grantor, to confer an estate by
purchase.

TABLES OF DESCENT...

CREDITORS-3 & 4 Will. 4, c. 104

Real estates subjected to simple contract debts

Liability of purchasers as to application of purchase-money

LIMITATION OF ACTIONS-3 & 4 Will. 4, c. 27

Abolition of real actions, discontinuance, &c.

A stricter limitation imposed..

The want of an express limitation to suits in equity, &c. supplied. ib.

Effect of enjoyment under defective assurances by tenant in tail in

Probable effect of the act in regard to the practice of requiring a

title for sixty years ·

152

Opinions of text-writers upon the point....

156

The requisition of a sixty years' title justified by the authority of

Estates held upon trust or by way of mortgage exempted from

Könyvek

An Introduction to Conveyancing, and the New Statutes Concerning Real ...