embracing devises, legacies, and charitable trusts, and the duties of executors, administrators, and other testamentary trustees

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Contents

780
cvi
The rule now depends mainly upon the intention of the party in affix
1
Where the words heir or heirs are used as designatio persona rum creates only an estate for life 379
3
The nice refinements in the English law affecting estates tail not use ful here 379
4
Bequest of personalty to A and if he die before testator to his heirs
5
Reference to two cases where these principles are more fully discussed
6
Setoffs existing before the decease allowed at law others of equitable
9
The executor can only do necessary acts admitting no delay before
11
Locality in a bequest may be referred to as a limitation or as a mode
12
The decisions of the courts of last resort in place of domicile fix suc
15
There are some apparent objections to the rule
17
Consideration of points discussed in Redfields edition of Storys Con
23
SECTION III
26
The degree of certainty required to change the legal intendment as
30
Such a trust with one of two or more joint devisces will avoid the
31
One witness sufficient if he remember all the requisites to valid execu
32
What words will include relations by affinity
35
The character of conditions determined by the general intent of tes
36
Where a specific legacy is charged with the payment of debts it will
37
When testators knowledge of contents of will should be proved
38
357
43
consent
44
Will limited in operation general administration may be granted of
45
The extent of the conclusiveness of letters of administration
54
433
56
Where the word heirs is used with reference to the devisee a
59
An alien may be executor but he must generally be resident
60
The executor of an executor cannot administer in America
66
The husbands right to administer on the wifes estate and to hold
67
Grounds of selection by the probate court among those of equal degree
73
SECTION II
79
The more common remedy in America is by appeal
87
Such administrator has for the time all the powers of a general admin
92
SECTION VIII
100
LAPSED LEGACIES
108
CHAPTER V
113
The executor or administrator may hold the assets in his own right
116
The power to dispose of the estate under the will often given the
122
Or in remainder sometimes
127
358
130
488
131
Some act redacing it to the possession of the husband required during
132
SECTION V
135
6
136
The later English cases seem to settle the matter in that country
143
PAGE
155
SECTION IX
163
359
171
490
174
362
177
If the husband survive the wife he will take her choses in action
179
from time of accruing
181
CHAPTER VII
200
SECTION 11
209
Executor cannot purchase himself All profit thus made belongs to
216
Executor c may indorse bills and notes or sell choses in action
219
364
226
He must be consulted where that is practicable The office cannot
228
SECTION III
236
CHAPTER X
249
It would seem that an executor or administrator is not bound by perpet
250
Continuing contracts in the natnre of agency terminated by death
256
365
259
The responsibility of the assignee or personal representative dis
262
ual covenant to pay rent
265
Representatives bound by covenants to repair
266
Entry of one executor will not render both liable for use and occupa tion
267
How far services performed on expectation of legacy ground of action
268
Where the husband survives he takes bis wifes chattels real as sur
269
If statute begin to operate it will continue to run unless saved by excep tions in statute
270
Where the personal representative prevails in the suit he recovers costs
271
SECTION II
272
The mere continuance of the dealing with or accepting interest of
273
breaches of trust
275
CHAPTER XI
288
that representative shall pay he is not so bound
294
11 and n 24 How far representative bound by contracts executed under power by attorney in fact
295
CHAPTER XII
296
8 Duffield v Elwes first determined the question as to bond and mortgage
309
9 Enumeration of the different securities making good gifts mortis causa
312
10 Promissory notes and other contracts of donor not sufficient
313
11 Query how far a deed of chattels is equivalent to delivery
315
Courts of equity will aid the donee
317
Lord Eldons criticisms upon the subject in Duffield v Elwes
318
One may remit a debt by way of gift mortis causa
319
This species of gift not abrogated by the statute of wills
320
Right of married women to make or revoke such gifts
321
15 and n 70 Attempts to limit the extent of these gifts have not proved successful
322
Some late cases in New York
324
Definition of the proper grounds of construction relative terms
328
The force of the terms begotten or to be begotten may mean
332
The same rule applies to the use of the word grandchildren
338
Abstract of some recent decisions in Pennsylvania
353
Under a bequest to issue all the descendants take per capita and
355
The Supreme Court of Pennsylvania adopt the same view
375
will go to the next of kin
378
personalty
385
Difference between bequest to one or heirs or to one or execu tors c
386
In America real and personal estate go generally to same persons
388
Case in Connecticut where heirs allowed to take as purchasers
389
Similar case in New York Contingent remainders Cases in Maine
391
SECTION V
392
tance here
393
Such bequests were in the early cases often held void for uncertainty
394
In England it has been held to mean the heir of the family
395
Family used in a more enlarged sense as equivalent to descendants or next of kin
396
struction
406
The role laid down in the latest English edition of Jarman
407
Distinction between estates given direct and after an intervening estate
408
The question always arises in such cases whether the executor takes beneficially
409
293
410
In Pope v Whitcombe representation admitted General rule all take per capita
411
The half blood take concurrently with the whole blood on a bequest to next of kin
412
The word effects is more general in its operation than the others
425
Beqnest of ones share in an estate regarded as specific
457
Chief Baron Richardss definition of distinction between general and specific legacies
459
Civil Law definition adopted into English law
460
Balance of partnership settlement may be specifically bequeathed
461
cussed
467
Funds deposited in bank specifically bequeathed
468
Legacy may be specific in one alternative and general in another
469
All devises of real estate or chattels real are specific
471
Legacies out of the avails of real estate regarded as specific but not so of a mere charge
472
The intention of the testator will have a controlling influence
473
Legacies may be so charged on real estate as to exonerate the per sonal
474
Questions often occur how far residuary bequests are specific
475
Sometimes enumerated articles although connected with residuary clause held specific
476
But this cannot be done unless consistent with expressed intent of the will
478
The precise change in the title or estate which will adeem the legacy
479
Formerly courts of equity required security of the tenant for life of goods for the protection of him entitled in remainder
480
Renewal of leaseholds treated as part of the original estate
481
Definition of lapse whether before or after the death of testator
483
How land devised subject to a charge which fails is to be disposed of 202
484
residue or the heir
503
The repetition of legacies in different instruments affords slight ground
507
294
510
14 and n 21 Evidence to place court in position of testator admissible
513
The subject of less importance here but not wholly unimportant
525
Bequest of terms for years may refer exclusively to date of will
528
Pledging or mortgaging goods specificially bequeathed will not adeem
532
SECTION XIII
536
Instances where apparent considerations not held sufficient
547
What will amount to a valid assent is generally matter of fact
560
SECTION XX
585
An estate to take effect in possession after another may vest at
590
The general rule in regard to a devise over to a class is that it is con
621
ratt n she individuals com 53 Distinction between referring to a class and to the individuals com
628
But an estate in remainder which is clearly contingent will be so held
634
The rule seems to favor contingency in Alabama But not in Tennes
640
SECTION 1
642
The law against perpetuities applies to personal estates in succession
643
And where a bequest for daughters is held in trust for their issue this
649
The rights of tenants for life and those entitled in remainder further
655
void
657
An executory devise may take effect in futuro without an intermediate estate
658
An executory devise over cann be limited upon absolute devise the first taker
659
The American cases mantain the same distinctions All the particulars to be performed
660
The American cases hold any restraint upon the use or alienation of
661
the estate
664
Where the estate is personal no distinction between conditions prece dent and subsequent
665
Devises in fee incumbered by conditions against alienation or use of the estate
666
Bequests of personalty affected the same as those of realty by conditions against use or alienation
667
takes effect
686
An administrator is one appointed by law to perform the ordinary duties
687
2 and a 3 The basis of the present American law found in the early
701
operation
702
ime which will not pass 25 Enumeration of many words which will and some which will not pass estate
713
restricted
719
A devise will be construed to carry such an estate as is requisite for the object
720
Discussion of the rule in Shellys Case as applied in America
721
Discussion of the question in two cases in Vermont
722
Statement of the decisions in Connecticut upon this point
723
The rule qualified in Pennsylvania by the courts and in New York by statute
726
The Connecticut courts favor the construction of general devises giv ing a fee
728
Statement of other cases confirming the general rules before stated
729
Other cases illustrating the same question
730
Prefatory words in will may aid the construction of other words but are inoperative in themselves
731
General intent may create an estate in fee without words of limitation
732
SECTION VI
736
any share
748
The widow here may hold under the will and claim dower unless clearly repugnant
749
The general devise of an estate carries an implied exception of dower
750
Renunciation under the will only extends to the particular benefit
751
The acceptance of the provisions of the will presumed because more beneficial
752
But where an aliquot portion of the whole estate is so devised the first derisce takes only a lifeestate
753
The widows right of election is personal and not transmissible by de scent
754
The doctrine of election as held in Pennsylvania
755
No rule is deducible from the cases
756
express words
757
The foregoing propositions illustrated by case of Crowder v Stone
758
This class of cases seems to turn a good deal upon the question of vest ing
759
The courts still resort to this construction to carry out the clear intent
762
Uses solely for benefit of donor or for specific purpose where void
766
Equity will not marshal assets in favor of charity so as to avoid ille
767
Gift of the surplus to donee carries any increase or income 798
768
Statement of some of the subjects held charitable in America
804
Trustees of a charity have vested rights not subject to legislative con
810
Indefiniteness is the peculiarity which distinguishes charitable trusts
817
The distinction between charities administered in chancery and by
823
control
827
Chancellor Kents definition of the extent of charitable trusts
828
The rule as defined in Storys Equity Jurisprudence
829
The English courts of equity have declined to maintain indefinite trusts not exclusively charitable
830
Objects of charity may be selected by trustees in Connecticut
831
Trusts and especially charitable ones do not come within statutes of limitations Not barred by lapse of time
832
Of great importance in removing doubts as to true construction
833
Long contemporaneous usage cannot be disregarded except on clearest proof
834
This rule may determine the application of any surplus income
835
The same rule applied in New Hampshire
836
CHAPTER XVI
837
3 ch 98
838
Trusts for accumulation beyond the allowed term void before the stat ute but since only for the excess
839
2 Avoiding the accumulation does not hasten the vesting of the estate
840
Where the accumulation directed is illegal bequest takes effect with
843
Illustration of the rule by devise of a reversionary interest
844
The testator has the right to direct what fund shall pay debts
852
If the executor pay debts out of his own money he may reimburse
870
It is not sufficient to shift the burden that the testator might have been
876
ALLOWANCES TO THE PERSONAL REPRESENTATIVE
879
Personal representative cannot make any bargain affecting the estate
885
CHAPTER XX
896
And it cannot be distributed according to the law of the state where the property is and where the distributees reside
901
In Massachusetts advancements must have been so intended c
902
The father takes the whole next after children Next the mother
904
440
908
the father
910
442
961
205
966

Common terms and phrases

Popular passages

Page 365 - Bequest 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.
Page 335 - Where there is nothing in the context of a will from which it is apparent that a testator has used the words in which he has expressed himself in any other than their strict and primary sense, and where his words so interpreted are sensible with reference to extrinsic circumstances, it is an inflexible rule of construction that the words of the will shall be interpreted in their strict and primary sense, and in no other, although they may be capable...
Page 724 - When the ancestor, by any gift or conveyance taketh an estate of freehold, and in the same gift or conveyance an estate is limited, either mediately or immediately to his heirs In fee or in tail .... the heirs are words of limitation of the estate and not words of purchase", and by Preston on Estates (Vol.
Page 165 - Whenever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is. such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...
Page 775 - Majesty, and her most noble progenitors, as by sundry other well-disposed persons: some for relief of aged, impotent and poor people, some for maintenance of sick and maimed soldiers and mariners, schools of learning, free schools, and scholars in universities, some for repair of bridges, ports, havens, causeways, churches, seabanks and highways, some for education and preferment of orphans...
Page 896 - Territory, or any personal property or interest therein, transferred by deed, grant, bargain, sale, or gift, made or intended to take effect in possession or enjoyment after the death of the grantor...
Page 881 - ... exercising reasonable care and diligence, will not be responsible for the failure or depreciation of the fund in which any part of the estate may be invested, or for the insolvency or misconduct of any person who may have possessed it, yet if that line of duty be not strictly pursued, and any part of the property be invested by such personal representative in funds or upon securities not authorized, or be put within the control of persons who ought not to be...
Page 165 - ... and the act, neglect, or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then, and in every such case, the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, ami although the death shall have been caused under such circumstances as amount in law to felony.
Page 897 - ... the person or persons entitled to any beneficial interest in such property...
Page 293 - g reements (1677) no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate...

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