upon his dying without issue then to B.). Before the late act these words were interpreted to import an indefinite failure of issue unless restrained by the context to the death of the person; but section 29 enacts that in any devise or bequest of real or personal estate, the words "die without issue," or "die without leaving issue," or "have no issue," or any other words which may import either a want or failure of issue of any person in his lifetime or at the time of his death, or an indefinite failure of his issue shall be construed to mean a want or failure of issue in the lifetime or at the death of such person, and not an indefinite failure of his issue, unless a contrary intention shall appear by the will, by reason of such person having a prior estate tail, or of a preceding gift, being, without any implication arising from such words, a limitation of an estate tail to such person or issue, or otherwise. Provided that this act shall not extend to cases where such words as aforesaid import if no issue who shall live to attain the age or otherwise answer the description required for obtaining a vested estate by a preceding gift to such issue.

BOOKS OF REFERENCE ON CONVEYANCING.

Amos and Ferard on Fixtures.

Blackstone's Commentaries. Vol. II.
Coke upon Littleton. Butler's notes.
Cruise's Digest. Title XVI., "Remainders."
Dart's Vendors and Purchasers.

Fisher on Mortgages.

Gale on Easements.

Hargreave on the Thelluson Act.

Hayes on the Common Law, Uses and Trusts.

on Conveyancing.

Hayes and Jarman's Concise Forms of Wills. The notes to the last edition.

Jarman on Wills.

Lord St. Leonards' Essay on the Real Property Statutes. Lewin on Trusts.

Lewis on Perpetuities.

Prideaux on Judgments.

Sanders on Uses, by Sanders and Warner.

Shelford's Law of Copyholds.

Mortmain.

Real Property Statutes.

Smith's Leading Cases. The last edition.

(Josiah William) Real and Personal Property.

The Statutes, 22 and 23 Vic., c. 35; 23 and 24 Vic.,

c. 38; 23 and 24 Vic., c. 145.

Langley's Edition of those Acts.)

(Hunter or

The Statute of Limitations, 3 and 4 W. IV., c. 27.
Stephen's Commentaries. Vol. I. 4th edition.
Sugden on Powers.

Vendors and Purchasers.

Tudor's Leading Cases in Conveyancing.
White and Tudor's Leading Cases in Equity.

Williams, Joshua, on the Law of Personal Property.
Real Property.

The Wills' Act, 1 Vic., c. 26; 15 and 16 Vic., c. 24; 24 and 25 Vic., c. c. 114, 121, as to Domicil, and as to the Wills of Personalty, made by British subjects.

QUESTIONS ON CONVEYANCING.

Tenures.

Q.-Explain the doctrine of tenure, and show concisely how that doctrine has affected estates in land, 1. In regard to enjoyment; 2. In regard to the modification of ownership; 3. In regard to the forms of conveyance.

Q.-Describe the tenure of estates in gavelkind, borough English, and ancient demesne.

Q. What was the object of the statute Quia Emptores?

The kinds of Property.

Q.-Classify the principal kinds of property under the two heads of "real" and "personal" estate.

Q.-A testator devises a house and estate to A. for life, and after his decease to his first and other sons in tail male with remainder over; he also directs that the pictures in the house shall go with it as heir-looms. The eldest son of A. dies an infant, and without issue. The second son also dies an infant, but leaving an only son. A. then dies leaving a third son, and the grandson him surviving. Who is entitled to the pictures?

Quantity of Estates.

Q.-Is there any difference in the quantity of the following estates ?-a lease to A. for 99 years; a lease to A. for 99 years if B. should so long live; a lease to A. for three lives; a lease to A. for 99 years if he should so long live.

Q. What are corporeal and incorporeal hereditaments respectively? Give examples of each kind.

Estates in Fee Simple.

Q.-How many kinds of estate in fee-simple are there? How do they differ as to quality? and what effect had the Statute de Donis on their quantity?

Q.-A. seised in fee dies intestate and indebted. Mention the various kinds of debts to which the descended estate is liable; the order in which they will be paid, and the extent of the heir's liability?

Q.-Give a definition and point out the difference between an estate of freehold and of an estate in feesimple. Must an owner of a fee-simple necessarily hold the whole of the soil? Give examples in illustration of your answer. Which is the greater estate? Q.-Devise by will (since 1838) of fee-simple land to A.; grant by deed of fee-simple land to A. estate does A. take in each of those cases.

reasons for your answer.

What Give the

Q.-Grant or devise to A., B. and C. and their heirs; to A., B. and C. and the survivors, and survivor of them and his heirs; to A., B. and C. equally, and their respective heirs. What estates are taken under the above limitations?

Q-Are there any; and, if any, what instruments operating inter vivos, by which at law or in equity an estate in fee-simple may be acquired without the use of the word "heirs ?"

Q.-Explain the origin and growth of the tenure of an estate in fee-simple; and in so doing trace the steps by which the tenant ultimately obtained absolute power of alienation over the fee against the lord.

Estates Tail.

Q.-What is an estate tail?

Q.-To what extent has the power of alienation by tenants in tail been enlarged by the 3 and 4 Wm. IV., c. 74 ?

Q.-Define the office of "Protector to a settlement." What effect would the giving or withholding his con

sent have upon the estate acquired by a tenant in tail under a disentailing deed?

Q-In a disentailing assurance under the new law, what important point is to be regarded in the wording of the operative part? To what extent can a tenant in tail in possession bind his issue and the remainder men by contract?

Q.-Give the different kinds of estates tail, and the words necessary to create by deed such estates tail.

Q.-A fee-simple estate is granted by deed to A. and his heirs male; a similar estate is devised by will to B. and his heirs male. What estates do A. and B. respectively take? Give the reasons for your answer.

Q.-To what statute do estates tail owe their origin? What are the only kinds of property which may strictly be subjects of entails, and why and on what grounds was the restricted construction of the statute adopted? What is the result of an attempt to entail property not coming within the provisions of the same statute?

Q.-A. is tenant for life with remainder to B. in tail. Explain the mode of conveyance, in use at the .present day, for vesting in a purchaser from A. and B. an estate in fee-simple in possession.

Q.-An estate is devised to A. for life, remainder to the first or other sons of A. who shall be living at A.'s death, and the heirs of the body of such first or other son, remainder to B. in fee. A. has two sons both of age, and joins with the elder in executing a disentailing assurance, and in conveying the estate to a purchaser in fee. Does the purchaser take a fee-simple absolute or any less estate?

Q.-Explain the nature of a fine and a recovery; illustrate your answer by describing the effect of each on an estate tail, and the remainder expectant thereon.

Q. How were entails barred before 1834, and how are they now barred? Suppose A. had been tenant in tail in possession, with remainder to himself in fee, could he (before 1834) have barred this estate in more ways than one; and if he could, give your reasons for preferring one of those plans.