CHARITY, what, 192. where Chancellor and where the Crown administers charity, 218 bequest of proceeds of real estate to charity, 201 money to be laid out in land, 201 legacy to, on condition that another provides land, 204 trust, otherwise valid, vitiated by combination with charitable trust, secret trust for, 206 effect where trust for, is declared by separate unattested paper, 206 assets not marshalled in favour of, 207 effect where legacy is payable out of the general residue, comprising real securities or leaseholds, 209 effect where legacy is charged upon land as an auxiliary fund, 210 universities, &c. not within 9 Geo. 2, c. 36; 212 lands in Scotland not within 9 Geo. 2, c. 36; 214 private charity, as to, 196 "CHATTELS," will pass personal estate, 692 (PERSONAL) when trover lies for the recovery of, 794 successive interests in, 794 equitable remedy for the protection and recovery of, 794 "CHILD" or "CHILDREN," when a word of limitation, ii. 308, 323, CHILDREN, implication of gifts to, 499 and issue, used indifferently, ii. 37, 73. And see ISSUE. children by affinity, ii. 73 as to class entitled under gift to children, ii. 73 where gift is immediate, ii. 74. And see 7 Jurist, 311 where distribution is postponed, ii. 75 where shares are to vest at a prescribed age, ii. 78 exception as to general legacies, ii. 81 effect where no object exists at period of distribution, ii. 84 to children to be born, ii. 98 in ventre sa mere generally included under terms " "born," ii. 104 failure of gift to, ii. 703. living," gift to children, as consisting of specified number, which is erro- neous, ii. 108 whether gift to children is to them as a class or individuals, see Bain v. Lescher, 11 Sim. 397 whether children's shares are subject to same qualification as pa- See CONSTRUCTION; GRANDCHILDREN; ILLEGITIMATE; CLASSES, gifts to, 287 doctrine of lapse in respect to gifts to, 295 gifts to executors as a class, 296. See CHILDREN; FAILURE; JOINT TENANCY; REMAINDERS. CODICIL, revocatory of a will, 161 when legacies in codicil are assimilated to those in will, 167 COMMON, (TENANCY IN), as to- of chattels, 159 among tenants in tail, ii. 158 in gifts to classes, ii. 160 executory trusts, ii. 161 leaning of courts towards, ii. 163 by what expressions created, ii. 161 contradictory expressions. See Norman v. Frazer, 7 Jurist, 762 COMPUTATION OF TIME, 800 CONDITIONS, precedent and subsequent, 796 practical difference between them, 805 what amounts to performance, see Simpson v. Vickers, 14 Ves. 341; period allowed for performance, 804 effect where performance is impossible, 805 repugnant, 809 in restraint of marriage, 836 to ask consent when in terrorem, 836 restrictive of marriage generally, as to, 842 that such conditions are void, see Morley v. Rennoldson, 7 Jurist, 938 to assume a name, 846 not to dispute will, 849 And see NOTICE; RELEASE. CONSENT to marriage, what amounts to, 843. See MARRIAGE. hereafter born, ii. 100 shall be begotten, ii. 101 born-begotten, ii. 102 dying without children, ii. 112 dying without having children, ii. 113 leaving issue or children, ii. 114 younger children or youngest child, ii. 116 eldest son, ii. 122 if G. die and leave no child of his body, ii. 323 See HEIR; HEIRS; IMPLICATION; SUBSTITUTION. CONSTRUCTIVE CONVERSION. See CONVERSION. whether contingency confined to particular estate, or extends tc words seemingly contingent referred to the determination of a prior And see MISCONCEPTION. CONTINGENT, devises held to be, notwithstanding absurd consequences, 745 gift on attaining certain age held, 773 remainders, estate in trustees to preserve, 787 limitations which by the will appear to be contingent remainders CONTINGENT INTERESTS, transmissible when, 771 CONTINGENT REMAINDERS, trustees for, extent of their estate, whether subject to rule against perpetuities, ii. 729 CONTRACT for sale or purchase, its effect on prior will, 45, 46-49 CONTRACTION, meaning of, 363, n. CONTRADICTION in clauses in wills, rule as to, 411, 418, 420 CONTRIBUTION to charges by devisees, ii. 548. And see Symons v. between devisee for life and remainder-man, ii. 542 CONVERSION, (CONSTRUCTIVE), 523 absolute and qualified distinguished, 525, 558 absolute conversion at death of testator, although subsequent cir- Collins, 7 Jur. 165 mere power of sale not sufficient to produce, 529 persons absolutely entitled to the proceeds may elect to take pro- what amounts to such election, 535 And see Cookson v. Reay, 5 all persons interested must concur in election, 536 residuary clauses, when they impose conversion, 545 COPARCENERS, their power to devise, 40 under new law, 52 not within Statute of Frauds, 92 now pass without surrender to the use of will, 612 CORPORATIONS, devises to, 57 CORRECTION OF WORDS palpably erroneous, 442 COSTS of litigating will generally fall on residuary personal estate, see see Symons v. James, 7 Jur. 826 "COUSINS (FIRST)," gift to. See Sanderson v. Bayley, 4 My. & Crai. 56 COVERTURE, disability of, 33 CREDIBILITY of witnesses, 78, 101 CREDITOR may be attesting witness, 66 CROSS EXECUTORY LIMITATIONS among devisees in fee and lega- CROSS REMAINDERS, WHEN IMPLIED AMONG DEVISEES IN what expressions raise cross-remainders, ii. 458 devise over, if all the devisees died without issue, ii. 458 distinction now exploded between two and a larger number of de- whether express cross-limitation excludes implication, ii. 461 CROSS-REMAINDERS, &c. (continued). in the case of executory trusts, express limitation not exclusive of implication, ii. 462 word "respective" held, at one period, to negative implication, ii. 463 doctrine overruled, ii. 464 as to devises to classes, ii. 465 to three in tail, and "in default of such issue," ii. 465 cross-remainders implied from words "for want of issue males," &c. whether words "with remainder" raise cross-remainders, ii. 475 cross-remainders implied among devisees for life, ii. 478 implication of cross-remainders not affected by act 1 Vict. c. 26, CURTESY. Tenant by curtesy of trust estates, 39 CUSTOMARY FREEHOLDS may pass as copyholds, 725 considered in reference to rule against perpetuities, 260; ii. 731. "DAUGHTER," when a word of limitation, ii. 317 "In case of the death," &c., to what period referred, ii. 659 no distinction in gifts to children, ii. 663 rule where bequest is future, ii. 664 distinction where prior gift is expressly for life, ii. 666 where prior gift comprises the income only, ii. 667 words following an indefinite devise of land, ii. 668 estate tail, ii. 669 WORDS REFERRING TO, COUPLED WITH A CONTINGNECY, to what period they relate, ii. 670 ulterior gift not defeated by death of prior legatee in testator's lifetime, ii. 672 gift to personal representatives not substitutional, ii. 676 |