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 xvii
... land into money , and money into land , con- sidered . PAGE 123 123 124 125 6. The subject , although by no means wholly unimportant , is less opera- tive here than in England 125 7. A conversion out and out sometimes intended 125 8. In ...
... land into money , and money into land , con- sidered . PAGE 123 123 124 125 6. The subject , although by no means wholly unimportant , is less opera- tive here than in England 125 7. A conversion out and out sometimes intended 125 8. In ...
Page xviii
... land , goes to the heir · • 2. So of timber and trees , unless separated by contract of sale or reserva- tion • · 3 ... land is devised , or goes to dowress , or to joint tenant ( 4. ) The husband's executor entitled to emblements on ...
... land , goes to the heir · • 2. So of timber and trees , unless separated by contract of sale or reserva- tion • · 3 ... land is devised , or goes to dowress , or to joint tenant ( 4. ) The husband's executor entitled to emblements on ...
Page xix
... land , go with the land ( 3. ) As between the executor of the tenant for life and the remainder - man . 3. The later English cases seem to settle the matter in that country . Cases stated • • · 144 144 145 · 146 4. Statement of some of ...
... land , go with the land ( 3. ) As between the executor of the tenant for life and the remainder - man . 3. The later English cases seem to settle the matter in that country . Cases stated • • · 144 144 145 · 146 4. Statement of some of ...
Page xxi
... land leased is freehold and part a chattel interest , the rent will be apportioned to the heir and executor accordingly 10. Where the demise covers the whole interest , or the rent is severed , it goes to executor • . 11. Rent at common ...
... land leased is freehold and part a chattel interest , the rent will be apportioned to the heir and executor accordingly 10. Where the demise covers the whole interest , or the rent is severed , it goes to executor • . 11. Rent at common ...
Page xliv
... vests the fee absolutely in the trustee · 500 23. An estate will not lapse because an intervening estate upon which it depends lapses 501 24. How land devised subject to a charge which fails xliv ANALYSIS OF THE CONTENTS .
... vests the fee absolutely in the trustee · 500 23. An estate will not lapse because an intervening estate upon which it depends lapses 501 24. How land devised subject to a charge which fails xliv ANALYSIS OF THE CONTENTS .
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Common terms and phrases
adeemed ademption American courts ancillary administration applied appointment assets Attorney-General Beav bequeathed bequest Bradf Chancellor charitable choses in action cited claim construction contingent Court of Chancery courts of equity courts of probate coverture creditors death decease decree Doe d. v. donatio mortis causa donor emblements English courts entitled executor or administrator executory devise Exrs favor fund gift Hare heirs held husband intention interest issue Jarman jurisdiction land lapse learned judge legatee letters testamentary liable limitation Lord Eldon mortgage mortis causa Paige party Penn personal estate personal representative personalty portion presumption probate court provision purpose question real estate regard remainder residuary residue rule Russ seems settled specific legacy statute of distributions sufficient take effect tenant testamentary testator's tion trust unless valid Vesey vested Vice-Chancellor void widow wife 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...