This historic book may have numerous typos and missing text.
Purchasers can usually download a free scanned copy of the original
book (without typos) from the publisher. Not indexed. Not
illustrated. 1894 edition. Excerpt: ...a contract executory, the
estate goes from the devisee, and the devise is revoked by the
contract of sale. So again, in Williams v. Owens, 2 Ves. Jr. 601,
the master of rolls observed, that if a man articles for the sale
of an estate that he has devised, it is, without doubt, a
revocation in equity, though it is not at law, because a court of
law cannot look at the articles with a view to a speciflc
performance. In Cotter v. Layer, 2 P. Wms. 623, Lord King held,
that though a covenant or articles to sell or settle the land
devised, do not at law revoke a will, yet if entered into for a
valuable consideration, they amount in equity to a conveyance and a
revocation. He laid down the same rule in Rider v. Wager, 2 P. Wms.
332; and Lord Loughborough. in Brydges v. Duchess of Chandos,
admitted the force and authority of these two cases. So, again, in
the case of Mayer v. Gowland, Dickens, 563, the testator devised a
certain farm, and then entered into a contract with the defendant
to sell it to him for 1,500 pounds. It was insisted by the
residuary legatees, that the testator meant, by the contract, to
turn the land into personalty, and that as such they were entitled
to it. In this opinion, Lord Thurlow concurred, and held that the
agreement ought to be carried into execution, and the money arising
from the sale to be considered as personal estate. These cases are
entirely suflicient to show l the settlement of the rule that a
valid contract, for the sale of lands devised, is as much a
revocation of the will in equity as a legal conveyance of them
would be at law. The estate, from the time of the contract, is
considered as the real estate of the vendee. We may, therefore,
safely conclude, that, as to the lands described in the contracts
|Country of origin:
• Nathan Abbott
||246 x 189 x 27mm (L x W x T)
||Paperback - Trade
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