embracing devises, legacies, and charitable trusts, and the duties of executors, administrators, and other testamentary trusteesLittle, Brown, 1866 - Wills |
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Page v
... condition , or were evidently founded in misapprehension or false construc- tions ; unless , in one or other of these exceptional views , we have not regarded it important to multiply references to cases throughout the country . But we ...
... condition , or were evidently founded in misapprehension or false construc- tions ; unless , in one or other of these exceptional views , we have not regarded it important to multiply references to cases throughout the country . But we ...
Page lvii
... condition , the estate over becomes an executory devise 7. And where the intermediate estate is a conditional fee , that over is an executory devise • • • PAGE 643 . 644 644 • 645 8. Where the executory devise fails by lapse or ...
... condition , the estate over becomes an executory devise 7. And where the intermediate estate is a conditional fee , that over is an executory devise • • • PAGE 643 . 644 644 • 645 8. Where the executory devise fails by lapse or ...
Page lviii
... CONDITION . 1. Definition of conditional bequest 661 2. Conditions are precedent and subsequent 661 3. Where condition is in the nature of a consideration , it is held precedent 4. Estates dependent upon marriage held upon precedent ...
... CONDITION . 1. Definition of conditional bequest 661 2. Conditions are precedent and subsequent 661 3. Where condition is in the nature of a consideration , it is held precedent 4. Estates dependent upon marriage held upon precedent ...
Page lix
... Conditions tending to separation between husband and wife void 673 29. Any condition restraining testator's widow from marriage valid 30. Statement of what conditions restraining marriage are valid 674 676 31. Exposition of the doctrine ...
... Conditions tending to separation between husband and wife void 673 29. Any condition restraining testator's widow from marriage valid 30. Statement of what conditions restraining marriage are valid 674 676 31. Exposition of the doctrine ...
Page lx
... Condition in restraint of marriage void , being no valid gift over 43. Conditions in the will embrace those in an after codicil • 682 683 684 44. Restrictions against alienee limited to first donee , unless otherwise ex- pressed 84 45 ...
... Condition in restraint of marriage void , being no valid gift over 43. Conditions in the will embrace those in an after codicil • 682 683 684 44. Restrictions against alienee limited to first donee , unless otherwise ex- pressed 84 45 ...
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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...