embracing devises, legacies, and charitable trusts, and the duties of executors, administrators, and other testamentary trusteesLittle, Brown, 1866 - Wills |
From inside the book
Results 1-5 of 100
Page liv
... devise limits the vesting , in terms , or there is an equivalent provision , it prevails • 604 21. A devise over may favor the vesting of the prior estate , or it may have a contrary effect · • · 22. The case of Festing v . Allen stated ...
... devise limits the vesting , in terms , or there is an equivalent provision , it prevails • 604 21. A devise over may favor the vesting of the prior estate , or it may have a contrary effect · • · 22. The case of Festing v . Allen stated ...
Page lvii
... 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 remoteness , the first taker holds absolutely 9. The case ...
... 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 remoteness , the first taker holds absolutely 9. The case ...
Page lviii
... devise , after indefinite failure of issue , is 657 void . 657 · · 32. An executory devise may take effect in futuro , without an intermediate estate 658 33. An executory devise over cannot be limited upon absolute devise to the first ...
... devise , after indefinite failure of issue , is 657 void . 657 · · 32. An executory devise may take effect in futuro , without an intermediate estate 658 33. An executory devise over cannot be limited upon absolute devise to the first ...
Page lxi
... devise to the person made executor receives the same construction as one to any other · PAGE 691 691 · 691 692 13. Some cases have restricted those general terms , by the import of rela- tive terms following . 693 14. But the rule is ...
... devise to the person made executor receives the same construction as one to any other · PAGE 691 691 · 691 692 13. Some cases have restricted those general terms , by the import of rela- tive terms following . 693 14. But the rule is ...
Page lxii
Isaac Fletcher Redfield. PAGE 8. But the devise over being general will carry a life - estate , thus defeat- ing the general estate pro tanto 706 9. And where a codicil revokes a devise in fee , and devises same estate generally , it ...
Isaac Fletcher Redfield. PAGE 8. But the devise over being general will carry a life - estate , thus defeat- ing the general estate pro tanto 706 9. And where a codicil revokes a devise in fee , and devises same estate generally , it ...
Contents
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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...