A

DIGEST

OF

The Laws of England

RESPECTING

REAL PROPERTY.

BY WILLIAM CRUISE, Esq.

BARRISTER AT LAW.

THE FOURTH EDITION,

REVISED AND CONSIDERABLY ENLARGED,

BY HENRY HOPLEY WHITE, Esq.

BARRISTER AT LAW, OF THE MIDDLE TEMPLE.

IN SEVEN VOLUMES.

VOLUME VI.

CONTAINING

Title 38. DEVISE. | Title 39. MERGER.

LONDON:

SAUNDERS AND BENNING, LAW BOOKSELLERS,
(SUCCESSORS TO J. BUTTERWORTH AND SON,)

43, FLEET STREET.

15. No particular Form necessary

18. A Devise transfers the Freehold

19. And imports a consideration

20. Devises void against Creditors

25. Devisees entitled to aid in Equity

27. A Will of Lands need not be proved in the Ecclesi-

astical Court

30. But may be registered

6

id.

id.

id.

id.

id.

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21. An equitable Interest was devisable without a Surrender 40

26. But an equitable Entail is not barred by a Will

23. And must attest in the presence of the Testator

32. But may attest at different times

36. Wills and Codicils need not be separately attested

44. Who may be witnesses

50. Publication

53. A Person cannot empower himself to give Lands

by a Will not duly attested

55. Wills charging Lands are within the Statute

56. But not Codicils giving Legacies

61. Devises of Trust Estates are within the Statute

63. And also of Mortgages and Equities of Redemption

65. But not Wills of Copyholds

72. Or of Terms for Years

-

77. A Devise of Lands may be proved in Chancery

CHAP. VI.

46

47

id.

id.

49

51

53

55

57

60

61

62

63

64

67

id.

68

69

70

id.

id.

Revocation of Devises.

1. All Devises revocable

2. Express Revocations

4. I. A subsequent Will revoking, or inconsistent with

a former one

id.

8. Otherwise both Wills are good

15. Two inconsistent Wills of the same Date are void

16. A second unattested Will revokes Legacies

18. II. A Codicil

19. III. A written declaration

25. Exception where intention expressed to revoke by

some future Act

82