A Treatise on the American Law of Administration (including Wills)Little, Brown, 1923 - 2121 էջ |
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Common terms and phrases
administrator Allen allowed American Appeal apply assets authorities benefit bequest Brown carry charge charitable Church citing claim Code common condition Conn construed corporation court creditors death debts devise directed distribution doctrine effect English entitled equity evidence execution executor exist expressed favor fund gift give given heirs held hence holding intention interest Iowa issue Jones land lapse legacy legatee limitation Mass Matter means Miss N. J. Eq named necessary notice paid particular parties payable payment period Probate court provision purchaser question real estate realty reason reference remainder residuary respect rule says sell share Smith specific statute subsequent sufficient supra testator's testator's death tion trust unless valid vested void widow wife
Սիրված հատվածներ
Էջ 1443 - A charity, in the 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 minds or hearts under the influence of education or religion, by relieving their bodies from disease, suffering or constraint, by assisting them to establish themselves in life, or by erecting or maintaining public buildings or works or otherwise lessening the burdens of government.
Էջ 1439 - ... a contingent remainder in fee may be created on a prior remainder in fee, to take effect in the event that the persons to whom the first remainder is. limited, die under the age of twenty-one years, or on any other contingency by which the estate of such persons may be determined before they attain full age.
Էջ 1651 - The notice must state a day on or after which the sale will be made, and a place where offers or bids will be received. The day last referred to must be at least fifteen days from the first publication of notice...
Էջ 1395 - ... that the rule which reads a gift to survivors simply as applying to objects living at the death of the testator, is confined to those cases in which there is no other period to which survivorship can be referred; and that where such gift is preceded by a life or other prior interest, it takes effect in favor of those who survive the period of distribution, and of those only.
Էջ 1441 - ... 1. If such accumulation be directed to commence on the creation of the estate out of which the rents and profits are to arise, it must be made for the benefit of one or more minors then in being, and terminate at or before the expiration of their minority.
Էջ 1535 - 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.
Էջ 1370 - Interpretation differs from construction in that the former is the art of finding out the true sense of any -form of words ; that is, the sense which their author intended to convey ; and of enabling others to derive from them the same idea which the author intended to convey.
Էջ 1387 - The rule as applied in all reported cases recognizes this limitation, that when some of the trusts in a will are legal and some illegal, if they are so connected together as to constitute an entire scheme, so that the presumed wishes of the testator would be defeated if one portion was retained and other portions rejected, or if manifest injustice would result from such construction to the beneficiaries, or some of them, then all the trusts must be construed together, and all must be held illegal...
Էջ 1700 - In making the order of sale, the court are presumed to have adjudged every question necessary to justify such order or decree, viz., the death of the owner; that the petitioners were his administrators ; that the personal estate was insufficient to pay the debts of the deceased ; that the private act of Assembly, as to the manner of sale, was within the constitutional power of the legislature ; and that all the provisions of the law, as to notices which are directory to the administrators, have been...
Էջ 1374 - ... court of equity will affix to it the character of a trust, and impose corresponding duties upon the party receiving the title, if it be capable of lawful enforcement. No general rule can be stated that will determine when a conveyance will carry with it the whole beneficial interest, and when it will be construed to create a trust; but the intention is to be gathered in each case from the general purpose and scope of the instrument.