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Fee-simple

enjoyed not only in land, but also in advowsons, commons, estovers, and other hereditaments as well as in personalty, as an annuity or dignity, and also in an upper chamber, though the lower buildings and soil belong

Donatio mortis causa

mortis causa, a gift of personal property in prospect of death; a death-bed disposition; an inchoate gift of personalty consummated by the giver's death. It is derived from the Civil Law; Justinian's Inst. Lib. 2, tit. 7,

Dead man's part

17, subjected it to distribution among the next of kin. In Scotland the 'dead's part' of a man's personalty is that part of which he is entitled to dispose by will. See REASONABLE PARTS.

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Cy-pres

will do so, see Monypenny v. Dering, 16 M & W 418. The doctrine did not apply to personalty nor to a mixed fund. See Re Harwood, Coleman v. Innes, 1936 Ch 285. It is also applied

Conversion, equitable

has been diminished in the case of deaths occurring after 1925, the rule of descent of realty and personalty having been assimilated, s. 45, A.E. Act, 1925, except as to the rights of descent under the old

Condition

of conditions precedent is that an illegal or impossible condition will, as a rule and excepting bequests of personalty (Williams on Executors), avoid the obligation which has been entered into, or the estate which has been granted

Bequeath

becw'than fr. cw'than, A.S., to say], to leave by will to another. The word is properly applied to personalty only, but in a will avails to transmit real property, as well as the word 'devise,' which is

Assent of personal representatives

[but see Whittaker v. Kershaw (1890), 45 CD 320]. This is still the law in regard to pure personalty, excluding chattels real. Before the (English) Land Transfer Act, 1897 (60 & 61 Vict. c. 65) real estate

Annuity

the Court will give to the grant. In a will an annuity of this kind in prima facie personalty, but the word annuity may also be construed as a charge upon lands out of which the payment

conversion

a property owner authorizes the sale of real property and distribution of the proceeds, the property transforms into personalty by equitable conversion upon the owner's death. involuntary conversion : the conversion of property into other property as

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