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secured to the wall, may be removed by the tenant, when put up by
English doctrine of, not applicable to our unsettled land, 78.
English rule as to, 78.
voluntary or permissive, 79.
who may bring the action, 79.
and against whom, 79.
how as to joint tenants and tenants in common, 79.
when heir may have the action, 79.
by mortgagee against mortgagor, 126.
right to the flow of, 220, 222.
extends to thread of the stream, 220.
boundary on a stream, how far it extends, 220, 221.
remedy for diverting, 222.
rule as to subterranean streams, 222.
prescriptive right to, when obtained, 222.
put in by tenant, may be removed by him, 86.
a privilege of going over another's land, 193.
may be claimed, 1. by grant, 194.
2. by exception, and reservation to the grantee, 194.
3. by prescription, 194.
4. from necessity, 194.
how to be used, 194.
grantor of the land may designate it, 194.
it continues so long as the necessity lasts, 195.
owner of the road to build and repair it, 195.
when out of repair, the owner cannot go on the adjoining close, without
being a trespasser, 195.
if a public highway is out of repair, the traveler may go on the adjoining
land, 195, 196.
private way granted without designation may be located by usage, 196.
the grantee of the road must keep it in repair, 196.
if the way be acquired by deed, it cannot be lost by non-user, 196.
if acquired by user, it may be lost by non-user, 196.
it may be extinguished by unity of seisin and possession, 196, 199.
private roads, allowed by the constitution, 197.
such road can only be used by the applicant, 197.
damages how assessed, 197.
must not exceed three rods in width, 198.
cases in which highway labor may be given to it, 198.
rule as to fencing it is not uniform, 199.
there are three kinds of ways, 199.
1. a footway, 199.
2. a foot and horse way, 199.
3. embracing both the others, a cart way, 199.
her rights as to dower. See DowER, 61 et seq.
not bound to support minor children of her deceased husband by a former
wife, 328, note.
may convey her land acquired under act of 1849, without joining her hus-
band, 391. See DowER. HUSBAND AND WIFE. ACKNOWLEDGMENT.
requisites to the execution of, 482.
should be proved before surrogate, 482.
but not necessary to its validity, 482.
parties capable of making a will of lands, 472.
who are disabled from making it, 472 et seq. See Idiots. LUNATICS. Mar-
RIED WOMEN. INFANTS.
all natural persons may take under a will, 474.
so may posthumous children, 474.
may married women and illegitimates, 474.
corporations can only take when authorized by their charter or special
statutes, 475, 476.
policy of the law with respect to, 476.
aliens may take under a will, 477, 478.
real estate may be devised, 478.
after-acquired, lands pass by a will, 478, 479.
but not at common law, 478, 479.
trust estates cannot be disposed of by will, 479, 480.
equitable freeholds may be, 480.
so also, a possibility coupled with an interest, 480.
estates held adversely, 480.
but not estates held in joint tenancy, 480.
mortgagor, before foreclosure, may devise, 481.
rent charge is devisable by will, 481.
formalities necessary to a valid will, 481.
parties must be of full age, and not under disability, 481.
must be subscribed by testator at the end of the will, 482, 484.
must be in writing, written with pen and ink, and not with a pencil, 483.
not material in what language, 483.
may be subscribed by a mark, 484.
subscription must be in the presence of two witnesses, 485.
must be declared by testator to be his will, 486.
attestation clause not indispensable, but is strongly recommended, 487.
each witness must sign his name at the end of the will, 488.
and subjoin his place of abode, 488.
must sign at the request of the testator, 488–490.
attestation clause should be read over to witnesses, 491.
if testator be blind or illiterate, the whole will should be read over in the
presence of the witnesses, 491.
codicils are to be executed by the same formalities, 491.
need not be annexed to will, 499.
will and codicil construed together as one instrument, 504.
revocation and republication of wills, 492.
revocation express, by subsequent will declaring it, 492.
implied, by marriage and birth of a child, 493.
by marriage of a feme sole, 494.
by sale of the lands devised, 495, 496.
effect of will as to post testamentary children, 497.
when a partition is made, 498.
revocation not to revive a former will, 498.
in what cases devises by will are void, 500 et seq.
to charities, by parties having certain kindred, 501.
corporations not authorized to take, 500, 501.
an alien, 502.
when void for uncertainty, 502, 503, 514, 515.
general maxims of construction of wills, 504, 505.
as to construction of words, 506, 507.
when some devises good and some bad, 508.
as to description of the estate, 510.
effect of the word estate in, 510.
as to description of devisee, 511, 512.
executory devises in a will, 513, 523.
when blank is left for devisee's name, 516.
examples of void legacies, 514-519.
by what particular words estates are created by a will, 519.
a condition or limitation, 520, 521.
distinction between condition and limitation, 520, 521.
mode of charging real estate by will, 521.
charge may be express or implied, 522, 523.
executory devises defined, 523.
distinction between them and a remainder, 524.
effect of suspending power of alienation, 525.
object of residuary clause in a will, 526.
will should be proved as a will of real estate, and be recorded by surrogate,
549. See DEVISE.
to a deed, 386, 387. See DEED.
will, 485, 488. See DEVISE.
by which particular estates are created, 407 et seq.
of limitation, 409, 410.
WRIT OF RIGHT,
abolished by the code of procedure, 317.
tenancy from year to year, 93, 95, 96, 97.
mode of computation of fractional parts of, 81.
the added day of leap year, and the day preceding, reckoned together as
one day, 81.
the term month is a calendar month, 81.
YIELDING AND PAYING,
the proper form of a covenant to pay rent in a lease, 427.
this covenant runs with the land, 427.
effect of it as a covenant, 427.
covenant for the tenant to, at the end of his term, usually inserted in