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action administrator affirmed alleged allowed amount appeal applied appointed authority bequeath bond brother charge child claim Clark clause condition consideration construction costs court creditors daughter death debts deceased decree deed defendant descendants determined devise died direct dispose distribution Dowling duty effect entered entire entitled equal equity error evidence executed executor express fact filed follows fund gift give given hands heirs held husband intention interest issue John judge judgment jurisdiction land leaving legacy limited living matter meaning mortgage named nature opinion paid parties payment plaintiff portion possession present principle probate proceedings proceeds provisions purchase question real estate reason received reference remainder representatives respect rule says share sister sold statute suit term testator's testimony thereof tion transfer trust vested whole widow wife witnesses
Էջ 319 - Future estates are either vested or contingent. They are vested when there is a person in being who would have an immediate right to the possession of the lands upon the ceasing of the intermediate or precedent estate. They are contingent while the person to whom, or the event upon which, they are limited to take effect, remains uncertain.
Էջ 704 - A tax. shall be and is hereby imposed upon the transfer of any property, real or personal...
Էջ 420 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Էջ 259 - The words of a will are to be taken in their ordinary and grammatical sense, unless a clear intention to use them in another sense can be collected, and that other can be ascertained.
Էջ 274 - The above instrument was at the date thereof signed sealed published and declared by the said John Peter Brownyard as and for his last will and testament in the presence of us who at his request and in his presence and in the presence of each other have subscribed our names as witnesses thereto.
Էջ 323 - A future estate, is an estate limited to commence in possession at a future day, either without the intervention of a precedent estate, or on the determination, by lapse of time or otherwise, of a precedent estate created at the same time. § 28. Definition, remainder — Where a future estate is dependent on -a precedent estate, it may be termed a remainder, and may be created and transferred by that name.
Էջ 272 - And as to my worldly estate, and all the property, real and personal, or mixed, of which I shall die seized and possessed, or to which I shall be entitled at the time of my decease.
Էջ 265 - It is a clear proposition not only of the law of England, but of every country in the world where law has the semblance of science, that personal property has no locality. The meaning of that is, not that personal property has no visible locality, but that it is subject to that law which governs the person of the owner.
Էջ 140 - ... 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...