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Public right

Public right. A right enjoyed by the public as distinguished from private or personal rights attached to the personalty of an individual. Public rights exist at Common Law, such as the right of the public to pass

Terms for years

at his death, and did not pass to his heir-at-law, and so far partakes of the nature of personalty; real, because it is an interest in lands, and therefore partakes of the nature of real property. A

Testamentary expenses

see Porte v. Williams, (1911) 1 Ch 188, and cases there cited. Generally, it includes estate duty on personalty [Re Trenchard, (1905) 1 Ch 82], and primarily, in respect of land, subject to payment as provided by

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Marriage

legitimated on or after 15th December, 1926, see that Act, s. 8, though it is otherwise as to personalty [Re Goodman's Trusts, (1881) 17 Ch D 266], and they could take under a specific devise or real

Marriage settlement

policy of the land legislation of 1924 was to assimilate the law of real property to that of personalty as far as possible, marriage settlements of land (not being effected by way of trust for sale), and

Declaration of trust

trusts. It appears that this statute does not extend to the declaration or creation of trusts of mere personalty. But in practice, a parol declaration should never be relied on, for the intention to declare a trust

Malins' (Sir Richard) Act (English)

Interest Act, 1857 (20 & 21 Vict. c. 57), enabling married women to dispose of reversionary interests in personalty; see (English) Law of Property Act, 1925, ss. 167 and 169.

Legacy

Legacy [fr. legatum, Lat.]. A legacy is a gift of personalty by will, and, arising as it does from the mere bounty of the testator, it is postponed to

Lapse

testator; and see s. 32 of the same Act as to a devise for an estate-tail. Extended to personalty settled in tail under s. 130 of the (English) Law of Property Act, 1925. For the case of

Kin or Kindred

in the collateral or indirect line. The right of representation of kindred for the purposes of distribution of personalty, in the descending line, reaches beyond the great-grandchildren of the same parents; but in the collateral line it

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