he may have failed to have so done, the defect can be supplied by the reader on consulting the cases, which the author hopes, from the attention he has paid to the correction of the press, will be found accurately referred to in the

notes.

That the work, after all the care the author has been able to bestow upon it, is perfect, is what he cannot venture to assert; but that it is as free from imperfection as his humble talents, experience, labour, and researches will permit, he may with truth declare.

The precedents contained in the Appendix to the second volume, although not intended as guides to the experienced conveyancer, will, it is hoped, be found illustrative of the work, and useful to the younger branches of the fession.

pro

In conclusion, the author desires to express his gratitude to his friends Mr. Koe of Lincoln's Inn, and Mr. Keene of Gray's Inn, for the assistance they have afforded him during the progress of his work.

CONTENTS

OF THE

FIRST VOLUME.

RIGHTS OF HUSBAND IN HIS WIFE'S REAL

ESTATES.

CHAPTER I.

CURTESY.

SECT. I. Who may be tenants by the curtesy

SECT. II. Of what estates and seisins of the wife-

1. Of what estates

2. Of what seisins, viz.

1. Seisins in fact

2. Seisins in law

3. Seisins in equity

PAGE

5

6

7

18

20

28

SECT. III. Of the issue as to curtesy

SECT. IV. The nature of the estate of tenant by

the curtesy, together with the incidents, privi-

leges, and powers belonging to it

SECT. V. How curtesy may be defeated and

barred-

1. By recovery or eviction under a title

prior to the marriage, distinguishing be-

tween conditions and limitations

33

36

DISCONTINUANCE, REMITTER, AND FORFEITURE.

SECT. I. The interests of husband and wife in

real estates given or devised to them during

marriage, and the effect of gifts or grants from

the one to the other

SECT. II. Discontinuances of the wife's estate

by her husband; and the remedies which the

common and statute laws have given to her, and

the persons claiming her estate, against such

acts

SECT. III. The doctrine of remitter

SECT. IV. The husband's power to forfeit his

wife's copyholds; and in what instances a

Court of Equity will give relief

CHAPTER III.

LEASES.

51

54

67

81, 86

SECT. I. Leases at common law of wife's estate

granted by her husband and herself jointly, or

by him singly

SECT. II. Leases granted by them under stat.

32 Hen. VIII. chap. 28

89

98

SECT. III. Leases granted by husband and wife

under powers in private conveyances

CHAPTER IV.

PAGE

115

CHARGES BY HUSBAND ON HIS WIFE'S REAL ESTATES.

SECT. I. The husband's power to charge his

wife's real estates with payment of his debts

SECT. II. The wife's equity to have her estates,

so charged, exonerated out of her husband's

assets

SECT. III. The effect when the equity of redemp-

tion is reserved not to the wife, but to her hus-

band, &c.

136

150

RIGHTS OF HUSBAND IN, AND POWER OVER

HIS WIFE'S PERSONAL ESTATE.

CHAPTER V.

WIFE'S PERSONAL ESTATE IN POSSESSION, IN ACTION,

AND IN AUTRE DROIT.

SECT. I. The interest which the husband has in

the personal estate and real chattels which be-

longed to his wife before marriage, and the

validity of dispositions of them by her in con-

templation of the marriage, without her hus-

band's privity

SECT. II. The husband's interest in, and power

over the personal estate and real chattels which

are in his wife's possession at the time of the

marriage, and such as she becomes possessed

159

of during its continuance; and the effect of the

wife's will made with his consent and by his

authority

SECT. III. The interest of the husband in, and

his power over the personal estate and real

chattels which his wife is possessed of or in-

titled to as executrix or administratrix; and

his liabilities in respect of them

SECT. IV. The husband's interest in, and power

over such of his wife's personal estate and real

chattels as are not in possession, but are im-

mediately recoverable by action at law, or

suit in equity

PAGE

166

183

202

CHAPTER VI.

WIFE'S PERSONAL ESTATE IN REMAINDER OR EX-

PECTANCY.

SECT. I. The husband's power over his wife's

choses in action by release and assignment at

law and in equity

1. At law

2. In equity

SECT. II. The effect upon the wife's title by sur-

'vivorship of her husband's assignment, or the

law's transfer of her choses in action which

are immediately recoverable, or are in re-

mainder or expectancy.

220

221

222

1. Effect upon the wife's title, as the sur-

vivor, of the assignment to assignees in

bankruptcy, or under the insolvency of

her husband, of her choses in action. 223

2. The effect of assignments by such as-