Author: William Floyer Cornish

Publisher: Rarebooksclub.com

Published: 2013-09

Total Pages: 98

ISBN-13: 9781230135830

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1855 edition. Excerpt: ...bad) if the court why gone-granting it has no jurisdiction, it has become a usual practice tjiired6" wl'"1 conveyancers to require tne will to be proved, or the administration granted by the Prerogative Court, not only when there is reason to suspect that there are bona notabilia in different dioceses, but when from the lapse of time or from other causes the vendor is unable to preclude by satisfactory evidence the danger of resorting to an inferior court. The metropolitan courts are generally styled, " The Prerogative Court of the Archbishop of (Canterbury or York)." Words (4) it was long since held that the words " equally to be charge of to the said (annuitant, wife of 3rd party) Death and during her life: And Whereas the said (testator) died on &c., without having altered or revoked hia said will, which was proved by the executors thereof probate. creating a tenancy in common or joint tenancy. As to the estate in a term to several and their executors. divided," would make a tenancy in common in a will, (3 Rep. 39. I Vent. 216, 227, ) and indeed they have been determined to produce the same effect in a conveyance to uses. (2 Ves. 252. 3 Atk. 734.) It is now settled that the word " equally" alone does in a will make a tenancy in common. (Cro. El. 695. 1 Vera. 32. Cowp. 657.) In consequence of the feudal policy which gave a leaning in construction favourable to joint tenancies having ceased to operate, and that species of estate being for several reasons, but more especially on account of the'us accrescendi or right of survivorship, less responsive to the wants and less agreeable to the ideas of modern times, than a tenancy in common, the courts have struggled with and indeed subverted...

Download or read book Cornish's Treatise on Purchase Deeds, of Freehold Estates, and Incidentally of Leasehold Property; with Precedents and Practical Notes written by William Floyer Cornish and published by Rarebooksclub.com. This book was released on 2013-09 with total page 98 pages. Available in PDF, EPUB and Kindle. Book excerpt: This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1855 edition. Excerpt: ...bad) if the court why gone-granting it has no jurisdiction, it has become a usual practice tjiired6" wl'"1 conveyancers to require tne will to be proved, or the administration granted by the Prerogative Court, not only when there is reason to suspect that there are bona notabilia in different dioceses, but when from the lapse of time or from other causes the vendor is unable to preclude by satisfactory evidence the danger of resorting to an inferior court. The metropolitan courts are generally styled, " The Prerogative Court of the Archbishop of (Canterbury or York)." Words (4) it was long since held that the words " equally to be charge of to the said (annuitant, wife of 3rd party) Death and during her life: And Whereas the said (testator) died on &c., without having altered or revoked hia said will, which was proved by the executors thereof probate. creating a tenancy in common or joint tenancy. As to the estate in a term to several and their executors. divided," would make a tenancy in common in a will, (3 Rep. 39. I Vent. 216, 227, ) and indeed they have been determined to produce the same effect in a conveyance to uses. (2 Ves. 252. 3 Atk. 734.) It is now settled that the word " equally" alone does in a will make a tenancy in common. (Cro. El. 695. 1 Vera. 32. Cowp. 657.) In consequence of the feudal policy which gave a leaning in construction favourable to joint tenancies having ceased to operate, and that species of estate being for several reasons, but more especially on account of the'us accrescendi or right of survivorship, less responsive to the wants and less agreeable to the ideas of modern times, than a tenancy in common, the courts have struggled with and indeed subverted...