And be it further enacted, that every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention... Reports of Cases Decided in the Court of Appeals of the State of New York - Page 564by New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Edmund Hamilton Smith, Hiram Edward Sickels, Louis J. Rezzemini, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1866Full view - About this book
| New Jersey. Court of Chancery - Law reports, digests, etc - 1902 - 894 pages
...shall not lapse, but shall take effect, as if the death of such person had happened immediately after the death of the testator, unless a contrary intention shall appear by the will. ' This act, although passed thirteen years later than the New Jersey statute, contains the... | |
| New Jersey. Court of Chancery - Law reports, digests, etc - 1896 - 776 pages
...shall not lapse, but shall take effect as if the death of such person had happened immediately after the death of the testator, unless a contrary intention shall appear by the will." The facts of that case were that John Winter, by his will, dated November 13th, 1833, gave... | |
| Law reports, digests, etc - 1874 - 1086 pages
...sections of the Wills Act, 7 Will. 4 & 1 Viet. c. 26, which are in the following words — Section 24, " That every will shall be construed with reference...testator, unless a contrary intention shall appear by the will." Section 34, " That this Act shall not extend to any will made before the 1st day of January,... | |
| Law reports, digests, etc - 1878 - 1082 pages
...Wlutaleer appeared for the appellant. — The 24th section of the Wills Act is clear that every will is " to speak and take effect as if it had been executed...contrary intention shall appear by the will." In this case there was no contrary intention, and therefore these advances must bo taken to be released. They... | |
| Law reports, digests, etc - 1872 - 988 pages
...Wills Act. The 24th section enacts that " every will shall be construed with reference to the real and personal estate comprised in it, to speak and...executed immediately before the death of the testator." The 34th section provides, .that " every will re-executed or re-published, or revived by .any codicil,... | |
| Law reports, digests, etc - 1871 - 982 pages
...questions at issue, said that he wished to give the words of the enactment, that " every will should speak and take effect as if it had been executed immediately...death of the testator, unless a contrary intention should appear by the will," a broad and liberal interpretation, and one which should carry into effect... | |
| Law reports, digests, etc - 1857 - 1052 pages
...was rested, as it could only rest, on the 24th section of the Wills Act, by which it is enacted, " that every will shall be construed, with reference to the real estate and the personal estate comprised in it, to speak and take effect as if it had been executed immediately... | |
| Law reports, digests, etc - 1869 - 810 pages
...Act a residuary devise of real estate is no longer specific, because that act makes the will speak as if it had been executed immediately before the death of the testator. I confess I am unable to follow the reasoning of my learned predecessor. I cannot see any reason for... | |
| Great Britain - 1837 - 544 pages
...Testator shall have Power to dispose of by Will at the Time of his Death. XXIV. And be it further enacted, That every Will shall be construed, with reference...Testator, unless a contrary Intention shall appear by the Will. XXV. And XXV. And be it further enacted, That, unless a contrary A Residuary Intention shall... | |
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