REAL ESTATE - Continued.

devise of farm or proceeds of its sale,' 735.

devised for charitable purposes. (See CHARITABLE USES AND Trusts.)
liability of, for debts of deceased, 865-870.

how legacies charged upon, 871, 872.

RECEIVER

of estate, when appointed, 96.

English and American practice in equity, 287.
REFUNDING OF LEGACIES. (See LEGACIES.)
"RELATIONS,"

bequest to, how construed, 409-413.

effect of "next," or "nearest," 411.

what words will include relations by affinity, 412.
bequest to poor relations may create a charity, 412.
construction of term in America, 425.

RELIGIOUS CHARITIES,

what have been recognized in America, 805, n. 5.

REMAINDER,

(See CHARITABLE USES.)

testator entitled in remainder, vests in whom and how, 134.
right of action accruing in remainder, 195.

to personal representative, 195, 196.
bequest of leaseholds in, how defeated, 481.
legatee in, takes vested interest when, 506.
not allowed in personalty, 653.

gifts in, after void limitation to charity, 796.
contingency of estate in, 629.

may be valid where executory devise void, 848.
cross remainders, 759.

REMEDIES

(See EXECUTORY DEVISE.)

of legatee, where will suppressed, 7.

in national tribunals, in regard to distribution, 23.

in state tribunals, 24.

in courts of equity, 188.

against personal representative,

where actions will lie, 251.

for what, remedies are against executor, 251.

suggestions as to forms of, 251.

what actions survive against executors, &c., 252.
exceptions to this rule, 252.

REMEDIES—Continued.

what covenants construed as personal, 253, n. 10.

contract of party includes personal representative when, 255.
continuing contracts, how terminated, 256.

promise that one's executor shall pay, how construed, 257.

personal representative, how liable for penalty, 257.

escape on final process or devas-

tavit, 257.

mesne profits, 258.

what remedy against personal representative of carrier, artisan, &c.,

259.

representative, how liable for waste, 259.

joint contractors, representative how liable, 260.

when contract is joint and several, 260.

by express stipulation binds personal representative, 261.

covenants, how binding upon representative, 261.

how representative liable for rent accruing after assignment, 263, 265,

n. 61.

when liable personally, 263, 265.

how may exonerate himself, 264.

effect of perpetual covenant, 265.
covenants to repair, 266.
entry of one executor, 267.

in indentures of apprenticeship, 267.
representative, how liable for wife's debts, 267.

on new promise, 268, n. 73.

when plene administravit should be pleaded, 270.

costs when recovered and lost, 271.

on contract for legacy, 281.

on claim against estate of deceased partner, 275.
remedies in equity,

REMOTENESS,

when estate void for, 593.

(See EQUITY.)

(See PERPETUITIES; EXECUTORY DEVISE; ACCUMULATION.)

REMOVAL

RENT,

of personal representative, 61.

accruing on reversion, goes to heir, 170.

chattel interest, goes to executor, 170.

when apportioned to heir and executor, 170.

RENT-Continued.

demise of whole interest, rent goes to executor, 170.
at common law, not apportionable, 170.

between tenant for life and remainder man, 171.

right of personal representative to distrain for, 208.
(See REMEDIES.)

RENUNCIATION UNDER WILL,

how far it extends, 751. (See ELECTION.)
REPRESENTATION,

how far allowed in distribution of personalty, 903.

RESIDUARY BEQUESTS,

words "goods," "chattels, or effects," include what, 426.

word "effects" how differs from others, 427.

exceptions to general and unrestricted use of these terms, 429-442.
carry everything not otherwise effectually disposed of, 442.

leaning of courts in regard to intestacy, 442.

include lapsed legacies, 444.

enumeration in, how construed, 445.

residue of a residue how disposed of, 445.

residuary bequest when construed as particular legacy, 447.

if extent of word residue is ambiguous, how construed, 448.

how far real and personal estate not effectually disposed of passes under

residuary bequest, 454.

how far specific, 475, 482.

carries what interest, 570-572.

what words pass a fee in, 714.

RESIDUARY LEGATEE,

generally entitled to administration with will annexed, 86.

in case of death, his representative, 86.

when executor is, 120.

lapsed legacies fall to, 444.

where the words used with reference to real estate, 697.

RESIDUUM,

bequest of, not adeemed by change of title, 534.

interest on, 570.

how made, 585.

Payment of, 585 - 588.

in case of deceased joint tenants, 586.

to survivor, to what time refers, 586.

joint executors how take, 587.

where there is no residuary legatee, right of executor, 588, 589.

RESIDUUM - Continued.

presumption from devise of, 615.

clear direction required to exempt from payment of debts, 875.
REVIVOR

of lapsed legacy, how far, by codicil giving it to another, 765.
(See ACTIONS.)

REVOCATION OF PROBATE,

how accomplished, 103.

grounds for vacating an administration, 104.

American practice, 105.

consequences of revocation, 108.

of gifts mortis causâ, 320.

(See PROBATE COURTS; PROBAte of Will.)

SATISFACTION

S.

of debts by legacies, 515-525. (See DEBTS.)

of portions by legacies, 525-527. (See PORTIONS.)
of legacy by ademption, 544.

SCHEME OF CHARITY,

SERVANTS,

(See CHARITABLE USES.)

gift to, means those in testator's employ at date of will, 423.
particular nature of service defined, 423 and n. 122.

SET-OFF,

when allowed at law, 185.

in equity, 185.

must be of debts in same right, 270, n. 80.

SETTLEMENT,

voluntarily made upon wife and children, 238.

of estates, doubtful whether solvent or not, 242.

how personal representative compelled to makę, 244.

jurisdiction of state and national courts in, 232.

SETTLEMENT OF ACCOUNTS OF PERSONAL REPRESENTA-

TIVE, 879-895.

effect of final decree or administration account, 245.

when account may be rendered, 246.

allowances to personal representative, same as to trustees, 880.

not responsible for moneys in bank, unless mingled with his own, 880.
but if money improperly dealt with, good faith no excuse, 880, 881.
specification of legal defaults, 881.

SETTLEMENT OF ACCOUNTS, &c.— Continued.

personal representative, not responsible for interest, 881, 882.

unless he use the money in some way, 882 – 884 and n.

third party responsible. Rate of interest, 884.

excused from paying interest, if acting under mistake, 884.

trustee who risks trust-fund responsible for all consequences, 884, 885.
cannot deal with it for his own benefit, 885, 886.

statement of law by Walworth, Chancellor, 886, 887.

rule in New York, 887, 888.

Massachusetts, 888.

other American States, 888-890.

how far executors, &c., entitled to compensation, 890-894.
final decree on such account concludes all, 894, 895.

SHAREHOLDER,

in joint-stock company, how far legal representative liable, 261.
SHARES,

in bank, how far pass by gift mortis causâ, 324.
in joint-stock company, how regarded, 168.

assessments on, when paid by legatee, 280.
how far within statute of mortmain, 784.

SHELLEY'S CASE, Rule in, 704.
SOLICITOR,

can have no lien on will, 6, n. 6.

SPECIALTIES,

not distinguished from special contract debts, 237.

SPECIFIC LEGACIES,

right of executor to dispose of, 210.

distinction between, and general, 457-460, 463-466.

mistakes susceptible of correction shall not defeat, 460.

how far and how money may be bequeathed specifically, 460.

balance of partnership settlement may be, 461.

not made by directions as to mode of payment or investment, 461.
advantages and disadvantages of, 462.

demonstrative legacies defined, 462, 467.

how far must abate, 468.

bequest of one's share in an estate, specific, 467.

funds deposited in bank, 468.

may be specific in alternative, 469.

rights and duties of specific legatee of stocks, 469.
devises of real estate or chattels real specific, 471.

legacies out of avails of real estate, how construed, 472.