al and testamentary expenses) in a specified manner, to
pay the income of the investments to the testator's widow for life or
until another marriage, and subject to her interest, to hold the capital
and income in trust for his children who attain twenty-one, or being
daughters marry, in equal shares, with a power of advancement.
Daughters' shares are frequently settled by testators upon them and
their issue on the same lines and with the same statutory incidents as
above mentioned in the observations upon settlements; and sometimes a
will contains in like manner a strict settlement of real estate. It is a
point often overlooked by testators desirous of benefiting remote
descendants that future interests in property must, under what is known
as the rule against perpetuities, be restricted within a life or lives
in being and twenty-one years afterwards. In disposing of real estate
"devise" is the appropriate word of conveyance, and of personal estate
"bequeath." But neither word is at all necessary. "I leave all I have to
A. B. and appoint him my executor" would make an effectual will for a
testator who wished to give all his property, whether real or personal,
after payment of his debts, to a single person. By virtue of the Land
Transfer Act 1897, Part I., real estate of an owner dying after 1897 now
vests for administrative purposes in his executors or administrators,
notwithstanding any testamentary disposition.
It remains to mention that by the Land Transfer Act 1897 a system of
compulsory registration of title, limited to the county of London, was
established. (See LAND REGISTRATION.)
_Conveyancing counsel to the court_ (i.e. to the chancery division of
the High Court) are certain counsel, in actual practice as
conveyancers, of not less than ten years' standing, who are appointed
by the lord chancellor, to the number of six, under s. 40 of the
Master in Chancery Abolition Act 1852. They are appointed for the
purpose of assisting the court in the investigation of the title to
any estate, and upon their opinion the court or any judge thereof may
act. Any party who objects to the opinion given by any conveyancing
counsel may have the point in dispute disposed of by the judge at
chambers or in court. Business to be referred to conveyancing counsel
is distributed among them in rotation, and their fees are regulated by
the taxing officers.
_United States._--American legislation favours the gene
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