INDEX. ABATEMENT, 4, 9, 40, 41, 42, 54. ABEYANCE, 169, 172. ADVOWSON, curtesy of, when the wife dies before avoidance, 46. presentation to, 61, 69, 70. by coparceners after partition, 62, 63. usurpation of, 5, 69. appendant, 68. recovery of, shall cause a possessio fratris, 26, 58. the lands to which it is appendant, 69. is assets, and may be sold in equity, 117. ALIEN, 12. ALLOTMENTS UNDER INCLOSURE ACTS, title to, 10. ANCESTOR, lineal, may now inherit, 146, 269. female, report of real property commissioners as to, 279, 283. APPENDANCIES, seisin of, 8, 68. APPOINTMENT, testamentary, to the heir-at-law of the appointor, ARTICLES, marriage, construction of, 214, 215, 216, 217. ASCENDING LINE, Real Property Commissioners' Report as to, 275, 282. ASSETS, lands descending are assets before entry, 47. of a remainder or reversion on a freehold being assets, 118, of an estate in possession, being assets since the new statutes, 120. of an advowson being assets, 117. ASSIGNMENT OF DOWER, 74, 76, 87, 89. ASSIZE, 48. ATTAINTED PERSON, after his death his descendants may now inherit, 2, 3, 271. ATTORNEY, entry by, 63, 64. livery of seisin by, 65. ATTORNMENT, 15. now unnecessary, 31. originally coram paribus, 116. AVOWANCE, on a seisin in law, 47. B. BASE FEE, 177, 237. BASTARD, 3, 51. BASTARD EIGNE, 3, 76, 183. BLOOD, HALF. See Half-Blood. Nearest of blood, whom, and how BOROUGH ENGLISH, descent of, 96, 97, 189. a posthumous issue may enter on his elder brother, 176. BROTHERS, of descent between, 95, 96. of descent between, under the new act, 146, 269. shares of, in the personal effects of an intestate, 260, 261, 262. C. CHILDREN, share of, in intestate's personal effects, 258. CLAIM, continual, 54. does not now preserve right of entry, 56. by attorney, 65. COMMON, tenants in, when the possession of one is that of the others, 61, 62. take always by purchase, 233, 234. CONDITION, who may enter for condition broken, 64, 170, 227. CONDITIONAL LIMITATION, 210. CONSIDERATION, not necessary to change the descent, 246, coparceners take always by descent, 190, 233. when the possession of one coparcener is that of the others, 60, partition of advowson, between, 62. COPYHOLD, surrenderee dying before admittance, 28. admittance of the particular tenant is that of the remainder- COPYHOLD-continued. copyholder may release his right to a wrongful tenant, 41. heir of a copyholder may surrender or devise before admittance, surrenderor is tenant to the lord till admittance of the sur- possession of a copyholder is that of the lord, 60. copyholder holds at his will, 59, 60. is in statu quo prius on entering for condition broken, without are subject to the same rules as freeholds with respect to the and also as to the changing of the descent from the maternal to as to implication in a surrender of copyholds, 208. possessio fratris may be of them before admission, 60, 71. recovery of copyholds breaks the descent, 252, 253. COUNTIES, origin of, 17. CREDITORS, remedies of, against the heir of a debtor, 118, 119, 120, 121. when a settlement is good against, 218. CURTESY, no curtesy of a right, 44. nor of a seisin in law, 46. a reversion or remainder on a freehold, 121. of curtesy where the wife had been disseised, 45. what seisin sufficient to entitle the husband to his curtesy, 46,64. at what time the estate is said to vest in the husband, 88. tenant by curtesy holds of the lord, 89. where the rents are limited to the separate use of the wife, 47. D. DEBTS, devise to pay debts, a chattel interest, 58. when the heir is liable to the debts of his ancestor, 118, 119 DEED, operation of a deed on an estate descended ex parte materná, 239, 240. DEFORCEMENT, 39. U DEMESNES, the King's, 107. DENIZATION, letters of, 2. DESCENT, the ancestor taking by descent, 1, 32. under stat. 3 & 4 Wm. IV. c. 106, traced from the purchaser, 9, 50, 71, 146, 226, 268. canons of descent, 95. the father may inherit to the son as his cousin, 95. right of representation hold in descents by custom, 96. descent of a right, 72. of copyholds, 28. an estate in possession, 139. reversion or remainder on a freehold, 99, 114, 115, 127, 135. possession or reversion or remainder under the new Act, 146. of a trust, 225. ex parte materná, 187. what shall break the descent, and give the preference to the paternal heirs, 191, 228. the rules of descent not to be altered, 189. when a person takes by descent, 1, 197, 223, 229. it is not in the election of the heir to take by descent or pur- chase, 230. descent is favoured, 229. does not now toll entry, 28. See Half-Blood. DEVISE, executory devise, (see that title). devises known to the Saxons, 15. death of the devisee before that of the devisor, 23, 173. devise gives a seisin in law, 29. devisee dying before entry, 29. entry of a devisee for years makes a possessio fratris, 58. when the devisee must take, 173. devise of land to be converted into money, 219, 220. when the devise of an estate descended ex parte materná shall break such descent, 231. when not, 229, 237. DEVISEE, statutory remedies against the, of a debtor, 121. DISSEISIN, 4, 45, 72. a disseisor is a purchaser, within stat. 3 & 4 Wm. IV. c. 106, 9. DOMINIUM DIRECTUM OF LANDS, originally in the nation or tribe, 100. in the king. 106. DOMINIUM UTILE, in the tenant, 113. DOWER, of a seisin in law, 42. not of a reversion or remainder on a freehold, 40, 74, 80, 121. nor of a right, 44. of a right under stat. 3 & 4 Wm. IV. c. 105, s. 2, 46. of dower when a stranger abates, 42. when the husband had been disseised, 45. dower defeating seisin, 73. dowager is in by her husband, 73. endowed of land of which she was not dowable, 76. accepting lease or guardianship, 76, 77. recovery against a stranger to whom the heir had leased the of claiming against the heir who took by purchase, 81. dower is favoured, 85, 86. assignment of dower, 74, 76, 87, 89. the dowress holds of the heir, and is attendant on him, 89. a remainder on an estate in dower, not good, 73, 74. ad ostium ecclesiæ and ex assensu patris. 87, 88. See Free-Bench. E. EASEMENTS, extinguishment of, 255. ELEGIT, tenant by, 57. ENTRY, heir before entry has a seisin in law, 34. he may release to an abator before, 41. his wife shall be endowed before, 42. heir may maintain a writ of right before, 48. the lands descending are assets before his entry, 47. he may lease before entry, 59. what, and how made, 53. by the heir, 53, 54. by guardian or lord, 56. by a tenant of a chattel interest, 57. by a devisee for years, 58. by a particular tenant, 30, 58. by a copyholder, 59. |