embracing devises, legacies, and charitable trusts, and the duties of executors, administrators, and other testamentary trusteesLittle, Brown, 1866 - Wills |
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Page xvi
... assets in his own right , or en autre droit • • 2. The primary presumption is that he holds them en autre droit . He who claims the contrary , therefore , must prove it · · a , and n . 2. The various modes in which this may be done 3 ...
... assets in his own right , or en autre droit • • 2. The primary presumption is that he holds them en autre droit . He who claims the contrary , therefore , must prove it · · a , and n . 2. The various modes in which this may be done 3 ...
Page xxv
... ASSETS . 1. The executor , & c . , has general power to dispose of all the personal effects of the deceased . Exceptions 2. Things specifically bequeathed , after the assent of the executor , not under his control . But a bona fide ...
... ASSETS . 1. The executor , & c . , has general power to dispose of all the personal effects of the deceased . Exceptions 2. Things specifically bequeathed , after the assent of the executor , not under his control . But a bona fide ...
Page xxvi
... assets , charged specially , must see to application of purchase - money . Query ? · • 12. The true rule seems to be , that the payment of the money to him who is selected to make the application will be sufficient . 13. But actual ...
... assets , charged specially , must see to application of purchase - money . Query ? · • 12. The true rule seems to be , that the payment of the money to him who is selected to make the application will be sufficient . 13. But actual ...
Page xxix
... assets accord- ing to decree of the court 248 11. But he cannot retain from a legacy the indebtedness of the legatee . Query ? 248 12. The bond for faithful administration may be put in suit by any one showing a prima facie breach 248 ...
... assets accord- ing to decree of the court 248 11. But he cannot retain from a legacy the indebtedness of the legatee . Query ? 248 12. The bond for faithful administration may be put in suit by any one showing a prima facie breach 248 ...
Page xxxi
... assets • 270 49. So also that debts of prior degree have absorbed the assets 270 50. The inventory prima facie charges the representative 270 51. Where the personal representative prevails in the suit , he recovers costs 52. So where he ...
... assets • 270 49. So also that debts of prior degree have absorbed the assets 270 50. The inventory prima facie charges the representative 270 51. Where the personal representative prevails in the suit , he recovers costs 52. So where he ...
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Common terms and phrases
accruing adeemed ademption American courts ancillary administration apply appointment assets Beav bequeathed bequest bond Bradf cause of action Chancellor chattels choses in action cited claim construction contingent contract court of equity courts of probate covenant coverture creditors death debts due deceased decree distinction Doe d. v. donatio mortis causa emblements English courts entitled executor or administrator Exrs favor gift granted ground heir held husband intention interest intestate inventory issue Jarman judgment jurisdiction lapse legatee letters testamentary liable limited Lord Lord Eldon marriage mortis causa party payment Penn personal estate personal representative personalty portion possession probate court question real estate regard remainder residuary residue rule seems settled settlement specific legacy statute of distributions sufficient survive survivorship take effect tenant testamentary testator's tion trust unless Vesey vested wife wife's words
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...