embracing devises, legacies, and charitable trusts, and the duties of executors, administrators, and other testamentary trusteesLittle, Brown, 1866 - Wills |
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Page lx
... become binding upon devisee by acceptance 41. Decision of New York Court of Appeals upholding a trust for exclusive personal use . Subject further discussed · 42. Condition in restraint of marriage void , being no valid gift over 43 ...
... become binding upon devisee by acceptance 41. Decision of New York Court of Appeals upholding a trust for exclusive personal use . Subject further discussed · 42. Condition in restraint of marriage void , being no valid gift over 43 ...
Page lxvi
... become · · · void for remoteness 17. This is a natural misapplication of language , but one to be studiously avoided 762 762 763 763 763 · 18. The words , of survivorship , will ordinarily be referred to the period of distribution 764 ...
... become · · · void for remoteness 17. This is a natural misapplication of language , but one to be studiously avoided 762 762 763 763 763 · 18. The words , of survivorship , will ordinarily be referred to the period of distribution 764 ...
Page 2
... become operative in the event of death , but liable at any moment to be altered or annulled.1 1 It seems to have been the practice of the English ecclesiastical courts , from an early day , to allow the proof of a will , and the ...
... become operative in the event of death , but liable at any moment to be altered or annulled.1 1 It seems to have been the practice of the English ecclesiastical courts , from an early day , to allow the proof of a will , and the ...
Page 5
... become a party thereto , at his election , or he may become a party to an appeal , although not a party in the Surrogate's Court ; and this should be done by petition for that pur- pose . Foster v . Foster , 7 Paige , 48 . Surrogate's ...
... become a party thereto , at his election , or he may become a party to an appeal , although not a party in the Surrogate's Court ; and this should be done by petition for that pur- pose . Foster v . Foster , 7 Paige , 48 . Surrogate's ...
Page 10
... become important and essential portions of it , to be deposited in the registry of the court , the same as the will itself.13 But the court may , where any proper neces- sity exists therefor , order the will of any of the testamentary ...
... become important and essential portions of it , to be deposited in the registry of the court , the same as the will itself.13 But the court may , where any proper neces- sity exists therefor , order the will of any of the testamentary ...
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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...