A Treatise on Wills, Volumen2S. Sweet, 1844 |
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Página v
... Clear words of Explanation CHAPTER XXXVIII . 252 266 · 271 . 277 300 " CHILDREN , " " CHILD , " " SON , " " DAUGHTER , " WHERE WORDS OF LIMITATION . SECT . 1. Rule in Wild's Case 2. " Child , " " Son , " " Daughter , " & c . , where ...
... Clear words of Explanation CHAPTER XXXVIII . 252 266 · 271 . 277 300 " CHILDREN , " " CHILD , " " SON , " " DAUGHTER , " WHERE WORDS OF LIMITATION . SECT . 1. Rule in Wild's Case 2. " Child , " " Son , " " Daughter , " & c . , where ...
Página 23
... clear expression , if I am to depart from the natural and ordinary sense of the word ' heir ' ( e ) . " The words , " heirs " and " heirs of the body , " applied to personal estate , have been sometimes held to be used synonymously with ...
... clear expression , if I am to depart from the natural and ordinary sense of the word ' heir ' ( e ) . " The words , " heirs " and " heirs of the body , " applied to personal estate , have been sometimes held to be used synonymously with ...
Página 30
... clear ; for though Lord Eldon appears , by Sir Geo . Cooper's report of Wright v . Atkyns , to have argued ( and most convincingly ) that the gift was to be construed as if it had actually embraced , in its operation , both species of ...
... clear ; for though Lord Eldon appears , by Sir Geo . Cooper's report of Wright v . Atkyns , to have argued ( and most convincingly ) that the gift was to be construed as if it had actually embraced , in its operation , both species of ...
Página 32
... clear that the issue of every degree are entitled per capita , i . e . each individual of the stock takes an equal share concurrently with , not in the place of , his or her parent ( s ) . And even where the gift is to descendants ...
... clear that the issue of every degree are entitled per capita , i . e . each individual of the stock takes an equal share concurrently with , not in the place of , his or her parent ( s ) . And even where the gift is to descendants ...
Página 36
... clear , as to the former class , that children were intended , and that this was a ground for giving to the word " issue " the same construction in the other bequests . On the same principle , in the case of Hampson v . Brandwood ( e ) ...
... clear , as to the former class , that children were intended , and that this was a ground for giving to the word " issue " the same construction in the other bequests . On the same principle , in the case of Hampson v . Brandwood ( e ) ...
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Términos y frases comunes
age of twenty-one annuity ante applied appoint authority bequeathed bequest CHAP charged construction construed contingent remainders Court cross-remainders daugh daughter death debts decease default devisee died without issue directed doctrine dren Durn dying eldest entitled estate tail event executors express failure of issue favour fee-simple freehold gift grandchildren heirs male held implication intention interest issue living issue male lands lawfully begotten leaving issue legacies legatees lifetime Lord Eldon Lord Hardwicke Lord Langdale Lord Thurlow Lordship marriage moiety objects observed personal estate personalty principle prior devise purchase Pyot question real and personal real estate referred residue respective rule rule in Shelley's rule of construction seems shew sons survivor tail male take an estate tenant in tail tenants in common term testator devised testator's tion took an estate trust ulterior vested vise wife word issue words heirs words of limitation
Pasajes populares
Página 763 - Manner a Bequest of the Personal Estate of the Testator, or any Bequest of Personal Property described in a general Manner shall be construed to include any Personal Estate, or any Personal Estate to which such Description shall extend (as the Case may be), which he may have Power to appoint in any Manner he may think proper, and shall operate as an Execution of such Power, unless a contrary Intention shall appear by the Will.
Página 758 - That no will shall be valid unless it shall be in writing and executed in manner herein-after mentioned ; (that is to say,) it shall be signed at the foot or end thereof by the testator, or by some other person in his presence and by his direction; and such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses shall attest and shall subscribe the will in the presence of the testator, but no form of attestation...
Página 761 - That no will or codicil, or any part thereof, shall be revoked otherwise than as aforesaid, or by another will or codicil executed in manner hereinbefore required, or by some writing declaring an intention to revoke the same, and executed in the manner in which a will is hereinbefore required to be executed...
Página 764 - ... 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.
Página 762 - And be it further enacted, that no conveyance or other act made or done subsequently to the execution of a will of or relating to any real or personal estate therein comprised, except an act by which such will shall be revoked as aforesaid, shall prevent the operation of the will with respect to such estate or interest in such real or personal estate as the testator shall have power to dispose of by will at the time of his death.
Página 760 - And be it further enacted, that every will made by a man or woman shall be revoked by his or her marriage (except a will made in exercise of a power of appointment, when the real or personal estate thereby appointed would not in default of such appointment pass to his or her heir...
Página 763 - ... indefinite Failure of his Issue, unless a contrary Intention shall appear by the Will, by reason of such Person having a prior Estate Tail, or of a preceding Gift, being, without any Implication arising from such Words, a Limitation of an Estate Tail to such Person or Issue or otherwise : Provided, that this Act shall not extend to Cases where such Words as aforesaid import if no Issue described in a preceding Gift shall be born, or if there shall be no Issue who shall live to attain the Age...
Página 763 - die without leaving issue," or "have no issue," or any other words which may import either a want or failure of issue of any person in his lifetime or at the time of his death, or an indefinite failure of his issue...
Página 413 - ... or any other words which may import either a want or failure of issue of any person in his lifetime or at the time of his death, or an indefinite failure of his issue, shall be construed to mean a want or failure of issue in the lifetime or at the time of the death of such person, and not an indefinite failure of his issue, unless a contrary intention shall appear by the will...
Página 754 - person" shall extend to a partnership, or body politic, corporate, or collegiate, as well as to an individual ; and every word importing the singular number only shall extend and be applied to several persons or things...