An Analysis of Williams On the Law of Real Property for the Use of Students
An Analysis of Williams On the Law of Real Property for the Use of Students
A M Alured Myddelton Wilshere
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Previously, if lands were devised to A. , and " in case he shall die without issue " to B. , the Courts construed this as a gift of an estate tail to A. Now such words are to mean only a failure of issue in the lifetime or at the death of A. , and not an indefinite failure of issue unless a contrary intent appears by the will. The doctrine of uses and trusts applies to wills as well as to conveyances, and provisions are made by the Wills Act for determining the estate taken by trustees. If a te...stator devises land to his heir-at-law, such person takes as devisee and not by descent, i. E. , he becomes a pur- chaser and the stock of descent. Before the Act he took as heir. OF A WILL OF LANDS. 47 Originally, executors had no control over a devise of real estate unless the testator had given them any estate in or power over the same, e. G. , a power to sell for payment of his debts. By Lord St. Leonards' Act (22 & 23 Vict. C. 35), trustees in some cases, and in others executors, were em- powered to sell realty when the testator had charged it with his debts or legacies.
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