This section is from the book "Real Property, An Introductory Explanation Of The Law Relating To Land", by Alfred F Topham. Also available from Amazon: The New Law Of Property.
8. Under what circumstances can trustees retire from a trust, and by whom can new trustees be appointed?
9. Distinguish, with examples, a resulting trust, an implied trust, and a constructive trust.
1. Explain the old method of conveying to another, (1) Corporeal hereditaments, (2) Incorporeal hereditaments.
2. What was the object and the method of a "lease and release "? How was it affected by the Statute of Enrolments, and how did it come to be revived again after the passing of the Statute of Uses?
3. How far and by what Statute is it provided that grants of land should be in writing?
4. By what steps in the last century were the lease and release done away with?
5. In what ways has the Conveyancing Act, 1881, simplified a modern conveyance of land?
6. Explain the terms - livery in deed, livery at law, indenture, deed poll, escrow.
1. What change in the vesting of real property upon death was effected by the Land Transfer Act, 1897?
2. Does this Act apply to (1) copyhold land, (2) land held on a joint tenancy?
3. What must now be done in order to convey the legal estate to the persons entitled, (a) if a tenant in fee-simple dies intestate, (b) if he devised it to A?
4. Explain the terms "real representative," "personal representative," "executor's assent."
1. On the death of a tenant in fee-simple, intestate, from whom is the inheritance traced?
2. X's eldest son dies leaving a daughter Y. X has also a younger son Z: who inherits X's freeholds upon X's death?
3. What is the nature of the estate of " co-parceners "?
4. Explain the rule that, in the absence of descendants, gives a freehold estate to the nearest male paternal ancestor.
5. Under what conditions do relations of the half-blood inherit?
6. To whom does the freehold go in the absence of male paternal relations?
7. Summarize the changes effected by the Real Property Inheritance Act, 1833, as compared with the old law.
8. In what case is the inheritance traced from the person last entitled instead of the last purchaser?
9. What are the widow's rights to-day upon the death of her husband intestate?
10. Give the rules of succession to personal property upon an intestacy.
1. What formalities must now be complied with in order to make a valid will of lands? In favour of whom are these rules relaxed'?
2. How may a will be revoked? A testator wrote across his will " this is revoked," and threw it away: after his death it was found; is the will valid?
3. What would be the effect of a gift to a witness to a will, (a) before, (b) after 1837?
4. A devises lands to B and the heirs of his body. B dies before A: what happens to the devise?
5. What exceptions are there to the rule that a gift by will to a child of the testator, who has issue, does not lapse on the death of the child?
6. How did the Wills Act, 1837, affect a devise by a testator, (a) of "all my land" to A, (b) of land "to A, but if he die without issue, to B"? What further construction has now been put upon (b) by the Conveyancing Act, 1882?
7. What is the rule of construction which gives a life estate by implication to a person to whom nothing is expressly given by the will'?
1. What must a creditor do before he can seize his debtor's lands?
2. Give the history of the writ of elegit and describe the procedure under it.
3. What statutes require the registration of the writ of elegit and what is the effect of non-registration?
4. What property can be seized under a writ of elegit and how far does it affect lands held in tail?
5. What powers has a creditor over land which the tenant has mortgaged and charged in his favour?
6. Explain the terms " receiver," "receiver by way of equitable execution," " estate by elegit," "return to the writ."
1. From what causes is a tenant in fee-simple debarred (a) from conveying lands, (b) from having lands conveyed to him?
2. What is the effect upon a conveyance if it is shown that one of the parties to it was a lunatic at the time that he executed it?
3. How can the lands of a lunatic be effectively conveyed at law?
4. What powers has an infant to convey lands belonging to him either at Common Law or by Statute?
2. How did (a) equity, (b) statute law, modify the effect of the common law rules in the last question?
3. How could a married woman convey her lands before 1882, and how since?
4. What is meant by a "restraint upon anticipation"? When is it removed? When does it revive upon remarriage '? How does the Act of 1882 affect it?
5. What recent statute has dealt with the rights of a married woman to convey lands of which she was trustee?
6. What would be the rights of a husband to the property of his wife upon her death, (a) before 1882, (B) after 1882?
7. Explain the meaning and nature of an estate by curtesy.
8. What provisions had to be fulfilled at Common Law if a widow was to be entitled to " dower " in her husband's lands?
9. How was the widow's right to dower defeated, (a) at equity, (b) by statute? Give the main provisions of the Dower Act, 1833.
10. What is the present effect of a gift of property, (a) "to my sister and her husband as joint tenants," (b) "to my sister, her husband and AB in equal shares"?
11. Explain "tenancy by entireties."
1. Give the rule against perpetuities.
2. What is the effect of a gift, (a) by will to S for life and after his death to his first son who should reach 21, (b) by deed to S for life and after his death to his first son who should reach 25, (c) on trust to D for life and after his death to the first of his issue who should reach 21, (d) by deed to A and the heirs of his body with remainder to B in fee-simple?