Hints as to Advising on Title and Practical Suggestions for Perusing and Analysing Abstracts; With an Outline of the Law Relating to Title to Land and Tables of Stamp Duties Since 1815 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1905 Excerpt: ...v. Bird, (1894) P. 262. An administrator durante minore estate has the same power of disposition as an ordinary administrator: Re Cope, 16 Ch. D. 49. But an administrator durante absentia cannot make a title: Webb v. Kirby, 7 D. M. & G. 376. A title cannot (it seems) be made under a grant of administration till a lost will is found, without special words in the grant: Re Wright, (1893) P. 21. If an administrator dies without having disposed of a term in his lifetime, it does not pass to his representatives, but an administrator de bonis non of the intestate has to be appointed to make a title: Wms. Ex. 382. An executor has power to sell his testator's real estate in the following cases: --(1) Where the will contains a direction for him to sell, although not accompanied by a devise to him: Sug. Pow. 113; Hamilton v. Buchnastcr, L. R. 3 Eq. 323; and he can pass the estate, 2 Pres. 247. (2) Where the will contains a direction for sale, without the land being devised or the persons by whom the sale is to be made being named, provided the proceeds are distributable by him, either for payment of debts or legacies, or are blended with the personal estate: 2 Pres. 264; Sug. Pow. 118; Farwell, 72; and he can pass the estate: Re Sankey, W. N. 1889, 79. (3) Where the estate is devised to him charged with debts: Corser v. Cartirright, L. R. 7 H. L. 731; no inquiry as to the existence of debts being necessary if the sale takes place within 20 years of the testator's death: Re Tanqueray-Chap. IV. WiUaume & Landau, 20 Ch. D. 465. But a devise to him Sect'IV' charged with legacies only, confers no power of sale: Re /Z. f++. Rebbeck, 42 W. R. 473: see post, p. 146.-3sr (4) Where the will comes into operation before the 13th of August, 1859, and contains a charge of d...