A Treatise on Wills, Volumen2S. Sweet, 1844 |
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Página 7
... decision would have been . The doctrine of these cases was recognised in the recent case of Doe d . Winter v . Perratt , 5 Barn . & Cress . 65 , and 3 M. & Scott , 605 , where , however , the question before the Court was ( as we shall ...
... decision would have been . The doctrine of these cases was recognised in the recent case of Doe d . Winter v . Perratt , 5 Barn . & Cress . 65 , and 3 M. & Scott , 605 , where , however , the question before the Court was ( as we shall ...
Página 10
... decision having , in each in- stance , been founded on the context . In Oddie v . Wood- ford Lord Eldon dwelt much on the association of the word " lineal " with male descendant ; the expression being " eldest male lineal descendant ...
... decision having , in each in- stance , been founded on the context . In Oddie v . Wood- ford Lord Eldon dwelt much on the association of the word " lineal " with male descendant ; the expression being " eldest male lineal descendant ...
Página 18
... decision , no doubt have been given to the eldest of such grandsons , if they were the offspring of the same parent , or the son of the eldest daughter , if not . " Heir " ex- plained by con- text to denote a person not heir general ...
... decision , no doubt have been given to the eldest of such grandsons , if they were the offspring of the same parent , or the son of the eldest daughter , if not . " Heir " ex- plained by con- text to denote a person not heir general ...
Página 21
... decision ; and high as is the authority of the Court by which it was ultimately de- cided , its soundness may be questioned , as the will con- tains not merely words of exclusion in reference to the son , ( which , it is admitted ...
... decision ; and high as is the authority of the Court by which it was ultimately de- cided , its soundness may be questioned , as the will con- tains not merely words of exclusion in reference to the son , ( which , it is admitted ...
Página 38
... decisions of Mr. Justice Buller ( k ) , and Sir J. Leach ( 1 ) . On the other side were ranged the strongly expressed opinions of Lord Thurlow ( m ) , Lord Eldon ( n ) , and Sir W. Grant ( o ) , and a decision of Sir T. Plumer ( p ) ...
... decisions of Mr. Justice Buller ( k ) , and Sir J. Leach ( 1 ) . On the other side were ranged the strongly expressed opinions of Lord Thurlow ( m ) , Lord Eldon ( n ) , and Sir W. Grant ( o ) , and a decision of Sir T. Plumer ( p ) ...
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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...