embracing devises, legacies, and charitable trusts, and the duties of executors, administrators, and other testamentary trustees

Front Cover
Little, Brown, 1866 - Wills

From inside the book

Contents

The decisions of the courts of last resort in place of domicile fix suc
15
How land devised subject to a charge which fails is to be disposed
24
SECTION III
26
The law against perpetuities applies to personal estates in succession
27
ViceChancellor Stewarts opinion in favor of immediate vesting
28
Such a trust with one of two or more joint devisees will avoid the
31
What words will include relations by affinity
35
The character of conditions determined by the general intent of tes
36
cession to personalty 906
38
Digest and comment upon the cases upon this point
41
SECTION V
47
396
48
All estates devisable or descendible where there is any present inter
51
Gift of the surplus to donee carries any increase or income
54
CHAPTER III
67
ratt
72
Where no executor probate court appoints administrator with will
84
SECTION V
92
The law of executory devises the same as atcommon law in the Ameri
98
SECTION VIII
100
CHAPTER V
113
SECTION III
122
Or in remainder sometimes
127
397
129
Some act reducing it to the possession of the husband required during
132
SECTION V
135
503
140
THE LAW Of Fixtures AS BETWEEN THE HEIR AND EXECUTOR
143
The executor presumptively entitled to all the personal estate of
154
SECTION IX
161
survive
163
448
179
CHAPTER VI
181
SECTION II
190
REVIVING SUITS BY EXECUTOR OR ADMINISTRATOR
196
The property fraudulently conveyed by the deceased may be inven
203
SECTION II
209
The true rule seems to be that the payment of the money to him
210
PART II
217
552
220
This should be so regulated as fairly to meet the public demand
224
Testator cannot by will defeat legal preferences Liens respected
231
All doubtful estates settled as insolvent
237
400
241
CHAPTER X
249
It would seem that an executor or administrator is not bound by perpet
250
856
254
840
267
Where the husband survives he takes his wifes chattels real as sur
269
691
270
SECTION II
272
The mere continuance of the dealing with or accepting interest of
273
CHAPTER XI
288
A good gift mortis causa of a promissory note should give the donee
296
Definition of the proper grounds of construction relative terms
328
450
330
692
337
struction
340
The later decisions follow the terms of the bequest more strictly
456
Where a specific legacy is charged with the payment of debts it will
457
SECTION VIII
483
Cases where the failure has operated for the benefit of the heir
484
tionary no accumulation
507
290
512
513
514
The subject of less importance here but not wholly unimportant
525
Locality in a bequest may be referred to as a limitation or as a mode
528
291
535
SECTION XIII
536
Instances where it has been or has not been held that general legacies
547
THE EXECUTORS ASSENT TO LEGACIES
558
may become a mere question of
560
293
562
SECTION XVIII
573
ally
581
2 and n 4 But a bequest of things in a particular locality will only carry
582
SECTION XXI
588
same time with the other
590
Inclination to hold all estates vested Old refinements abandoned
591
Distinction between referring to a class and to the individuals com
592
15 and n 70 Attempts to limit the extent of these gifts have not proved
602
SECTION II
642
So also in regard to remoteness and the effect of estate over being void
643
The American cases mantain the same distinctions All the particulars
660
The American cases hold any restraint upon the use or alienation of
661
SECTION IV
687
SECTION V
693
But if the charge be upon the land merely it will not have that effect
701
Where the word heirs is used with reference to the devisee a
702
253 254
708
549
729
SECTION VI
736
761
739
SECTION VII
755
No rule is deducible from the cases
756
Uses solely for benefit of donor or for specific purpose where void
766
Equity will not marshal assets in favor of charity so as to avoid ille
767
Different American states declared the statute of 43 Eliz in force there
768
643
778
Any secret trust on the part of the devisee which is illegal will avoid
787
4 The income of accumulations follow the same rule as the
800
Long contemporaneous usage cannot be disregarded except on clearest
834
The rule against accumulations applies to implied as well as express
837
Where the accumulation directed is illegal bequest takes effect with
843
Illustration of the rule by devise of a reversionary interest
844
CHAPTER XVIII
852
The degree of certainty required to change the legal intendment as
853
By statute in England and New York all estates pass by devise or
876
The rule as laid down in Connecticut and by Mr Justice McLean
880
CHAPTER XX
896
And it cannot be distributed according to the law of the state where the property is and where the distributees reside
901
In Massachusetts advancements must have been so intended c
902
Personalty distributed according to law of domicile realty by lex
906
the father
910
Personal effects held in trust except money not to be inventoried 205
966

Common terms and phrases

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...

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