embracing devises, legacies, and charitable trusts, and the duties of executors, administrators, and other testamentary trusteesLittle, Brown, 1866 - Wills |
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Page xv
... paid out of the estate 112 · ( 5. ) The regularity of the appointment of an administrator , or ex- ecutor , cannot be attacked collaterally 112 CHAPTER V. THE ESTATE OF THE EXECUTOR OR ADMINISTRATOR IN THE ASSETS OF THE ESTATE . SECTION ...
... paid out of the estate 112 · ( 5. ) The regularity of the appointment of an administrator , or ex- ecutor , cannot be attacked collaterally 112 CHAPTER V. THE ESTATE OF THE EXECUTOR OR ADMINISTRATOR IN THE ASSETS OF THE ESTATE . SECTION ...
Page xliii
... paid absolutely , not held specific • 472 473 24. The intention of the testator will have a controlling influence 25. Legacies may be so charged on real estate as to exonerate the per- sonal · 26. Questions often occur how far residuary ...
... paid absolutely , not held specific • 472 473 24. The intention of the testator will have a controlling influence 25. Legacies may be so charged on real estate as to exonerate the per- sonal · 26. Questions often occur how far residuary ...
Page xlix
... paid out without knowledge of the debt • 548 5. In the United States all debts required to be presented within a short time limited : 548 6. Where debts discovered after some legacies paid in full , they must con- tribute • 549 • 7. How ...
... paid out without knowledge of the debt • 548 5. In the United States all debts required to be presented within a short time limited : 548 6. Where debts discovered after some legacies paid in full , they must con- tribute • 549 • 7. How ...
Page l
... paid the legatees under the sanction of the Court of Chancery 556 4. One legatee unpaid has no equity to compel paid legatees to contribute to him , unless the executor has become insolvent 556 5. If the assets are sufficient to pay all ...
... paid the legatees under the sanction of the Court of Chancery 556 4. One legatee unpaid has no equity to compel paid legatees to contribute to him , unless the executor has become insolvent 556 5. If the assets are sufficient to pay all ...
Page li
... PAID . RULES AS TO PAYMENT OF INTEREST . 1 , and n . 1. Legacies payable one year after decease of testator , unless further deferred 1. But in the latter case payable at the time directed 3. Interest payable after legacy due ...
... PAID . RULES AS TO PAYMENT OF INTEREST . 1 , and n . 1. Legacies payable one year after decease of testator , unless further deferred 1. But in the latter case payable at the time directed 3. Interest payable after legacy due ...
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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...