A Treatise on the Law of Wills: Including Their Execution, Revocation, Etc. ... with Full References to the Latest American and English Decisions, Volumen2T. H. Flood, 1900 - 1501 páginas |
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Otras ediciones - Ver todas
A Treatise on the Law of Wills, Including Their Execution, Revocation, Etc ... H C 1858-1918 Underhill Sin vista previa disponible - 2015 |
A Treatise on the Law of Wills, Including Their Execution, Revocation, Etc ... H C 1858-1918 Underhill Sin vista previa disponible - 2015 |
Términos y frases comunes
Allen ancestor annuity Appeal applied appointment Barb Beav beneficiary benefit bequest body charitable child common law Conn construction construed conversion court of equity created daugh daughter death deceased descendants devise direction dispose distribution donor dower dren election to take equally estate in fee estate tail execution executor expressly failure of issue fee simple fee tail gift gift causa mortis give given held husband illegitimate intention interest Iowa Jones L. J. Ch land legacy legatee living Mass meaning N. J. Eq N. Y. Supp nephews and nieces Ohio St Paige N. Y. personal property personal representatives power of sale presumption provision real property remainder residuary rule in Shelley's share Smith statute statute of distribution stirpes tator tenant Tenn testator testator intended testator's tion trust valid vested widow wife word heirs word issue word of limitation word of purchase
Pasajes populares
Página 1228 - In the government of this commonwealth, the legislative department shall never exercise the executive and judicial powers, or either of them : the executive shall never exercise the legislative and judicial powers, or either of them: the judicial shall never exercise the legislative and executive powers, or either of them : to the end it may be a government of laws and not of men.
Página 951 - And be it further enacted, that where any real estate shall be devised to any person without any words of limitation, such devise shall be construed to pass the fee simple, or other the whole estate or interest which the testator had power to dispose of by will in such real estate, unless a contrary intention shall appear by the will.
Página 1286 - Contingent or executory remainders (whereby no present interest passes) are where the estate in remainder is limited to take effect, either to a dubious and uncertain person, or upon a dubious and uncertain event; so that the particular estate may chance to be determined, and the remainder never take effect.
Página 1409 - 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 of some popular or secondary interpretation...
Página 904 - 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.
Página 1186 - A charity, in a legal sense, may be more fully defined as a gift to be applied, consistently with existing laws, for the benefit of an indefinite number of persons, either by bringing their hearts under the influence of education or religion, by relieving their bodies from disease, suffering, or constraint, by assisting them to establish themselves for life, or by erecting or maintaining public buildings or works, or otherwise lessening the burdens of government.
Página 1410 - For the purpose of determining the object of a testator's bounty, or the subject of disposition, or the quantity of interest intended to be given by his will, a court may inquire into every material fact relating to the person who claims to be interested under the will, and to the property which is claimed as the subject of disposition, and to the circumstances of the testator and of his family and aflairs, for the purpose of enabling the court to identify the person or thing intended by the testator,...
Página 878 - ... when the ancestor by any gift or conveyance takes 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 ; that always in such cases (the heirs) are words of limitation of the estate, and not words of purchase.
Página 1409 - an equivocation," ie, the words equally apply to either manor, and evidence of previous intention may be received to solve this latent ambiguity ; for the intention shows what he meant to do; and when you know that, you immediately perceive that he has done it by the general words he has used, which, in their ordinary sense, may properly bear that construction. It appears to us that, in all other cases, parol evidence of what was the testator's intention ought to be excluded, upon this plain ground,...
Página 991 - The principle upon which the whole of this doctrine is founded is, that a court of equity, regarding the substance, and not the mere forms and circumstances of agreements and other instruments, consider things directed or agreed to be done as having been actually performed, where nothing has intervened which ought to prevent a performance.