but only a devise to A of the testator's lands, after the debts and legacies are paid, the devisee takes only an estate for life. 57. Does this distinction prevail in New York ?—540. It does not, since the enactment of the Revised Statutes. 58. Does it not become necessary, in certain cases, that the devise be enlarged to a fee ?-540. Yes in every case in which the land is charged with a trust which can not be performed, or in which the will directs an act to be done which can not be accomplished, unless a greater estate than one for life be taken. 59. Can introductory words to a will vary the construction, so as to enlarge the estate to a fee?—541. No: unless there be words in the will sufficient to carry such an interest. Introductory words to a will are like a preamble to a statute, to be used only as a key to disclose the testator's meaning. 60. When are devises deemed lapsed?-541. As a general rule, all devises are deemed lapsed, if the devisee dies in the lifetime of the testator. 61. Do not the English books take a distinction between a lapsed legacy of personal estate, and a lapsed devise of real estate ?-541. Yes; the former falls into the residuary estate, and passes by the residuary clause, if any there be, and if not, passes to the next of kin ; while the latter does not pass to the residuary devisee, but, the devise becoming void, the estate descends to the heir at law. 62. Is there not a distinction between a lapsed, and a vout, devise ?-542. Yes; the former case is where the devisee dies in the intermediate time between the making of the will and the death of the testator; but, in the latter case, the devise is void from the beginning, as if the devisee were dead when the will was made. 63. Who takes the estate in such cases?-542, n. (b.) It is said that the heir takes in the case of a lapsed devise, but that the residuary devisee may take in the case of a void devise, if the terms of the residuary clause be sufficiently clear and comprehensive. In a recent New York case, however, Chancellor Walworth concluded, that a residuary devise of all the testator's real estate not before disposed of by his will, did not embrace real estate which was in terms absolutely devised to others, although such real estate was not legally and effectually devised, either from the incapacity of the devisee to take real estate by devise, or by reason of his death in the lifetime of the testator. The weight of English and American authority would appear to be in favor of this conclusion, and that the heir at law takes in such a case, and not the residuary devisee. This decree was affirmed on appeal to the Court of Errors. 64. What is the effect of the alteration of the law in New York? -542. The alteration of the law in New York, Virginia, and other States, making the devise operate upon all the real estate owned by the testator at his death, may produce the effect of destroying the application of some of the foregoing distinctions, and give greater consistency and harmony to the testamentary disposition of real and personal estates. * See Van Kleeck v. The Reformed Dutch Church, 6 Paige, 600, and 29 Wendell, 457 INDEX. [The figures in parentheses refer to the questions.] ABANDONMENT, of easements from non- | Admiralty jurisdiction, is exclusive, 99, user, 303, (24). of injured goods, 286, 287, (67-71). of freight, 288, (76). of personal safety, 116-118, (2-4). See Accession, title by, 177, 178, (3-5). of profits of real estate, 358, (19). of general average, 272, (33). See of partial loss, (see "Insurance,") 288, letters of, may be revoked, 184, (13). of goods in other jurisdictions, 186, criminal jurisdiction of, 100, (4). have jurisdiction of cases of forfeiture as instance courts, 101, (7). Admiralty jurisdiction, 101, (6). of maritime crimes and offenses, (2). of maritime hypothecations, 101, (7). not be purchased, 384, (9, 10); Affreightment. See "Charter party." duty of master on disaster, 265, (10, hire of another vessel, when required, cargo, how delivered, 265, (13). act of Congress as to liability of car- Agent, authority of, how determined, 218, compensated by share of profits, not may be suspended for two lives, 358, Aliens, and natives, 122-128. defined, 122, (1); 124, (5). not acquire property by descent, or can hold and transmit personal prop- may be devisees, 398, (9). may take mortgage of real estate, how naturalized, 126, (12). estate of deceased, how distributed, 128, (14). privileges conferred on, by States, protected in the use of trade marks, widows, entitled to dower, 324, (31). doctrine of, in this country, 124, (3). oath of intention to renounce, 126, law relating to, 16-18, (30-40). difference between, and disfranchise- Ancient lights, doctrine of, 303, (23). of representation in Congress, 74, (8). Apprentices, defined, 163, (7). refusing to work may be imprisoned, law of New York relative to, 163, (7). Arbitration, one partner can not submit | | Articles of confederation, 72, (7). Assignment, voluntary, 198, (40). under insolvent laws, 183, (6). goods not delivered after, evidence of right of giving preferences, 198, (40). of interest in land, to be in writing, of lessee for years, 336, (7). foreign, effect of, 183, (8, 9). Attorney, how to execute power, 216, power of, when revocable, 218, (32). Attornments, defined, 394, (67). to mortgagee, after forfeiture, valid, Auction, sales at, 198, (41). sales at, as affected by statute of Auctioneer, rights and obligations of, 198, Average, general, 270, (28). general, on jettison, 270, 271, (29, what, subject of, 271, (31). what goods subject to contribution in BAILMENT, 202–208. defined, 202, (1). how many species of, 202, (2, 3). by commodatum, defined, 203, (8). by pledging, defined, 204, (9). various kinds of, 205, (13). Story's division of, 205, 206, (16, 17). Bank, national, 78, (4). Bankruptcy, rights of States relative to, title by, 182, (4). law of, in New York, and other Bargain and sale. 388, (35); 395, (74). consideration of, may be inquired to be presented for acceptance, when, how accepted, 239, (9).. conditional acceptance of, 239, (10). indorsement of, 241, (14). blank indorsement of, 241, (15-17). when taken after maturity, rule as payable on demand, when out of demand for acceptance, and protest, special acceptance, 243, (23). drawer and indorser of, how made what is reasonable notice, 244, (26). when notice not required, 245, (28). how parties to, discharged, 245, 246, Bill of lading, what, 264, (6). principal, in this country, 116, (3). Bottomry bond, what, 289, (2). Boundaries, on water, 301, (15). CAPTURE, property liable to, 27-32. Cargo, delivery of, 265, 266, (13, 14). in places ceded to the United States, Check, what, 237, (4). remainder in, 176, (11). illegitimate, how considered, 153, (5). when bound to maintain parents, duties of, 152, (4). See Infants," Guardian," "Pa- rent." Chose in action, what, 176, (10). of married women, 141, 142, (10, 11, Circuit courts, jurisdiction of, 92, 93, (11, Citizens, who are, 122, (1). Common law, what included in, 112, (1). Common recoveries, 316, (39–42). liability of, by water, 208, (24). may limit responsibility, by notice Compensation for property taken by the Condition, estates upon, 337-339. in a deed, 338, (4, 5). precedent and subsequent, 338, (6); See Conditional fees, 317, (47). Confusion of goods, 178, (5). Congress, constituent parts of, 73, (1). privileges of, 75, (11). general powers of, 76, (13). construction of powers of 76-83. |