embracing devises, legacies, and charitable trusts, and the duties of executors, administrators, and other testamentary trusteesLittle, Brown, 1866 - Wills |
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Page xiv
... party first entitled 2. But in the American practice , in such cases , a permanent appointment is made · · · 3. Under the English statutes such appointments made , to act only in suits in equity • n . 4. Cases where the presence or ...
... party first entitled 2. But in the American practice , in such cases , a permanent appointment is made · · · 3. Under the English statutes such appointments made , to act only in suits in equity • n . 4. Cases where the presence or ...
Page xix
... party in affix- ing the article to the soil . • · • 2. Most writers upon the subject treat it with reference to the ... parties may be resorted to 153 153 153 153 SECTION VIII . THE SEPARATE PERSONAL ESTATE OF THE WIDOW ANALYSIS OF THE ...
... party in affix- ing the article to the soil . • · • 2. Most writers upon the subject treat it with reference to the ... parties may be resorted to 153 153 153 153 SECTION VIII . THE SEPARATE PERSONAL ESTATE OF THE WIDOW ANALYSIS OF THE ...
Page xxiv
... parties , in some cases • 3. Where plaintiff dies after obtaining judgment , it must be revived . 4. Party representing interest damnified may bring writ of error 5. Death of party revokes power of arbitration 6. Proceedings in regard ...
... parties , in some cases • 3. Where plaintiff dies after obtaining judgment , it must be revived . 4. Party representing interest damnified may bring writ of error 5. Death of party revokes power of arbitration 6. Proceedings in regard ...
Page xxv
... party making advances is put upon inquiry , his title may be impeached 214 · 6. The purchaser cannot accept the assets in payment or security of a debt due himself . 214 · • 16. Nor in any case where he understands the executor is ...
... party making advances is put upon inquiry , his title may be impeached 214 · 6. The purchaser cannot accept the assets in payment or security of a debt due himself . 214 · • 16. Nor in any case where he understands the executor is ...
Page xxx
Isaac Fletcher Redfield. PAGE 9. The contract of the party includes his personal representative , whether named or ... parties 13. Promise , that one's executor shall pay , same as an absolute promise 256 to pay 14. One's representative ...
Isaac Fletcher Redfield. PAGE 9. The contract of the party includes his personal representative , whether named or ... parties 13. Promise , that one's executor shall pay , same as an absolute promise 256 to pay 14. One's representative ...
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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...