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CHARITY, what, 192.

where Chancellor and where the Crown administers charity, 218
trust, when too indefinite to be charitable, 194

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,
204. And see Mitford v. Reynolds, 1 Turn. & Phillips, 185

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
when payable without a scheme, 218

universities, &c. not within 9 Geo. 2, c. 36; 212

lands in Scotland not within 9 Geo. 2, c. 36; 214
direction to purchase land in Ireland, good, 214
British colonies, good, 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,
325. And see Snowball v. Procter, 7 Jurist, 619

CHILDREN, implication of gifts to, 499

and issue, used indifferently, ii. 37, 73. And see ISSUE.
general effect and construction of gifts to, ii. 69

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

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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-
rents', ii. 105

See CONSTRUCTION; GRANDCHILDREN; ILLEGITIMATE;
LAPSE; STIRpes.

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
And see CONTRADICTION; HEREINAFTER; REPUBLICATION;
REVOCATION; UNATTESTED.

COMMON, (TENANCY IN), as to-

of chattels, 159
residues, ii. 159

among tenants in tail, ii. 158

in gifts to classes, ii. 160

executory trusts, ii. 161
consequence of, ii. 167

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;
Paine v. Hyde, 4 Beav. 368; Tanner v.Tebbutt, 7 Jurist, 339

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.
CONSTRUCTION of "to be born, to be begotten," ii. 98

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
in default of issue in respect of personalty, ii. 361
in default of issue in respect of realty, ii. 368

See HEIR; HEIRS; IMPLICATION; SUBSTITUTION.

CONSTRUCTIVE CONVERSION. See CONVERSION.
CONTINGENCY, estates limited in clear terms of, 744

whether contingency confined to particular estate, or extends tc
a series of limitations, 753-758

words seemingly contingent referred to the determination of a prior
interest, 764. And see Franks v. Price, 3 Beav. 182

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
may, by subsequent events, become executory devises, 788

CONTINGENT INTERESTS, transmissible when, 771

CONTINGENT REMAINDERS, trustees for, extent of their estate,
ii. 224, 227

whether subject to rule against perpetuities, ii. 729

CONTRACT for sale or purchase, its effect on prior will, 45, 46-49
And see PURCHASE MONEY.

CONTRACTION, meaning of, 363, n.

CONTRADICTION in clauses in wills, rule as to, 411, 418, 420
between will and codicil, 160

CONTRIBUTION to charges by devisees, ii. 548. And see Symons v.
James, 7 Swanst. 826

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-
cumstance rendered actual sale unnecessary, see Carr v.

Collins, 7 Jur. 165

mere power of sale not sufficient to produce, 529

persons absolutely entitled to the proceeds may elect to take pro-
perty in its actual state, 534

what amounts to such election, 535 And see Cookson v. Reay, 5
Beav. 22

all persons interested must concur in election, 536

residuary clauses, when they impose conversion, 545
doctrine of, as between tenant for life and remainder-men, 545
And see Merhtens v. Andrews, 3 Beav. 72; Caldecott v. Cal-
decott, 6 Jur. 232; Taylor v. Clark, 1 Hare, 161;
Vaughan v. Buck, 1 Turn. & Phill. 75; Oakes v. Strachey,
7 Jurist, 433; Daniel v. Warren, Id. 462

COPARCENERS, their power to devise, 40
COPYHOLDS, devise of under old law, 51

under new law, 52

not within Statute of Frauds, 92

now pass without surrender to the use of will, 612
when they pass by general devise, 613

CORPORATIONS, devises to, 57

CORRECTION OF WORDS palpably erroneous, 442

COSTS of litigating will generally fall on residuary personal estate, see
Roberts v. Roberts, 7 Jur. 315; but sometimes apportioned,

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-
tees, whether implied, ii. 481

CROSS REMAINDERS, WHEN IMPLIED AMONG DEVISEES IN
TAIL, ii. 457

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-
visees, ii. 459

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 among several stocks of issue, ii. 468
to A., J., and S., and their several and respective heirs for ever,
and in default of such issue, ii. 470

cross-remainders implied from words "for want of issue males," &c.
ii. 473

whether words "with remainder" raise cross-remainders, ii. 475
whether the word "reversion" will raise cross-remainders, ii. 476
executory trusts, ii. 477

cross-remainders implied among devisees for life, ii. 478
conclusions from the cases, ii. 479

implication of cross-remainders not affected by act 1 Vict. c. 26,
s. 29, ii. 480

CURTESY. Tenant by curtesy of trust estates, 39
attaches on a defeasible estate, 792

CUSTOMARY FREEHOLDS may pass as copyholds, 725
CY PRES, doctrine of, in reference to charity, 216, 219

considered in reference to rule against perpetuities, 260; ii. 731.
And see Vanderplank v. King, 7 Jurist, 548.

"DAUGHTER," when a word of limitation, ii. 317
DEAF AND BLIND PERSONS, will by, 29
DEATH, WORds referrinG TO SIMPLY—

"In case of the death," &c., to what period referred, ii. 659
rule where the bequest is immediate, ii. 659. And see Arthur v.
Hughes, 4 Beav. 506

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

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