A Treatise on Wills, Հատոր 3

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THE STATUTE OF WILLS
51
Effect of changing language of limitations by introducing words of direct gift
54
Lands being charged with debts and legacies will not vest the estate in
60
Power to lease with direction to pay taxes
66
As to commencement of estate of trustees
72
Effect of stat 1 Vict c 26
78
Whether the creation of contingent remainders is a ground for giving trustees
84
CHAPTER XXXV
89
A and his heirs and if he shall die without heirs of his body
95
Rule never infringed
109
Will and schedule
111
Limitation to the heirs by implication
118
Settlement to be made on A and the heirs of his body
124
Estate tail directed that a proper entail be made to the heir male
129
The court will not appoint protectors
135
nor by interposition of estate
141
Effect of limitation to preserve contingent remainder
150
Without any respect to seniority of age
157
Limitation to heirs of the body with power of appointment to children
164
To W and to his heirs male the elder son surviving and the heirs male of
170
J and his children lawfully to be begotten
176
Application of the rule to future devises
178
to A and his children in succession
184
A and if she marries and has a son then to that
190
Whether term eldest son used as nomen collectivum
196
Derise to A and his issue simply gives estate tail
203
Devise to A for life remainder to the issue of his body held an estate tail
208
Effect of limitation over in default of such issue
214
to A for life with remainder to his issue as he should by will appoint
220
purchase
228
children
234
CHAPTER XL
241
Referential construction rejected
247
sons in tail male for life
253
Words held to refer to children objects of prior devise
257
Effect where words refer to failure of issue of children objects of prior devise
265
Remainder in tail implied in the parent expectant on estate tail of eldest
272
Implication of remainder in tail
278
sons of an existing or future marriage were referred
289
CHAPTER XLI
296
Failure of testators own issue he having none
302
Circumstances and expressions adequate to warrant the restricted construction
308
Implicatory grounds of restriction from nature of devise over
313
additional expressions
317
Property devised over charged with legacies to be paid to the executors c
319
Gifts in fee and for life to A followed by one gift over of both at death of
326
Where the gift over is to survivors
333
Words importing a failure of issue refer to failure at death except in two cases
340
Whether words having a prior estate tail c apply to personalty
341
Whether express crosslimitation excludes implication
347
As to devises to classes
353
Crossremainders implied from words for want of issue males
359
Devise to A for life with remainder to his issue c issue take by purchase
367
Crossexecutory trusts implied among legatees
368
CHAPTER XLIV
374
Whether issue explained to mean issue at the death
380
Effect of real and personal property being included in same gift
386
Such gifts may be made defeasible on a collateral event
392
Ordinary form of trust for annexing chattels to settled realty
394
Priority reserved to specialty creditors now abolished
400
Simple direction that debts be in the first place paid
406
A charge by general introductory words not affected by express charge
412
Distinction where executor is devisee of real estate
416
Whether same words will charge legacies or debts
422
Gift of residue after bequeathing legacies charges lands notwithstanding
429
Whether it authorizes a sale
435
Direction to raise out of rents and profits or by sale or mortgage
441
ADMINISTRATION OF ASSETS EXONERATION OF DEVISED LANDS
443
Point as to descended assets
452
Principle of contribution when applied
458
Implied exoneration of a legatee from order of administration directed
465
Effect of words he paying the mortgage thereon
471
Charge of debts confined to testators own debts
477
Money settled and secured by mortgage held primarily a charge on the land
483
How charge apportioned between the different parts of the land charged where
489
History of the implication doctrine
495
Provision as to the manner in which the charge on the realty is to be borne
501
Bequest of all the ready money c and personal estate
508
Effect where bequest of exempted personalty lapses where personalty origi
517
Where personal fund is subjected to certain charges general personalty held
524
primarily liable
525
To what period survivorship referable
571
Where the gift is immediate
572
Survivorship referred to death of testator Where gift not immediate
573
Circumstance of there being an express bequest to survivors at the division
575
With benefit of survorship referred to death of testator
576
Survivorship referred to death of testatorreal estate
577
Applicability of the rule to a devise to a class
578
Survivorship referred to period of distribution
579
Subject of gift being the produce of a future sale
580
Survivorship referred to the period of distribution on special grounds
581
As to there being another bequest expressly to survivors at distribution
582
History of the present doctrine
584
Result of the cases as to personalty Distinction in regard to real estate rejected
588
Rule where gift to survivors is contingent Survivorship confined to the death of the tenant for life
590
Executory devise to survivor referred to death of testator
591
Contingent gift to survivors when not restricted to period of distribution Survivorship referred to time when contingency happens though gift restrict...
592
held to refer to the event
593
Distinction between gift over of share of deceased legatee and gift over of whole fund
595
What excludes the sense of survivorship inter
596
Special gift to survivors explanatory of prior general one Survivorship referred to majority in preference to another event
598
death of tenant for life
599
by force of gift over on death of all under age Contrary effect of gift over on death of all before tenant for life
600
Gift to survivors of a class without previous gift to the class several as tenants in common for life and to survivor with gift over after death of survivor
601
Nor by charge of specific sums either on particular lands or on all the real
602
Limitation to survivor disregarded
603
WORDS REFERRING TO DEATH SIMPLY WHETHER THEY RELATE
605
Secus where testator referred to death of his widow
611
CHAPTER XLIX
617
Settlement of share to which daughters should become entitled
623
Gift to personal representatives not substitutional
625
Distinction where children of deceased claim under original gift
632
Issue to take what their parent would have been entitled to if living
638
Distinction where prior gift may be regarded as a mere life interest
644
Contingency restricted by context
651
Word payable occurring in gift over whether it refers to majority or
658
Result of the cases
666
possession
672
Is a gift over on death without actually receiving valid
678
any issue leaving read having had
685
extended by implication to event not falling within terms of will
692
upon prior gift of failure of executory gift
698
doctrine
711
In regard to children
717
Vict cap 26
721
will
722
real estate
725
personal estate
726
Words in the singular number to extend and apply to several persons or things
727
importing the masculine gender to extend and apply to a female
728
Repeal clause
729
General enabling clause All property may be disposed of by will
731
Estater pur autre
738
Contingent interests
739
Rights of entry and property acquired after execution of the will
741
Fees on copyholds
743
Copyhold
746
Estates pur autre
747
Age of testator
748
Married women
751
Execution of wills Will to be in writing
755
signed or acknowledged in the presence of two witnesses at one time who attest
763
Execution of testamentary appointments Wills of soldiers and seamen
773
petty officers seamen and marines
774
Publication of wills Competency of attesting witnesses
775
Gift to attesting witnesses
776
Creditor as attesting witness
781
Executor as attesting witness
782
executor
783
presumption
790
subsequent will or codicil or by destruction of instrument
791
Effect of obliterations and interlineations
793
Revival of revoked will Revocationsubsequent conveyance
796
From what period will speaks
797
Lapsed and void devises
798
General devisecopyholds and leaseholds appointment
799
Fee simple without words of limitation
800
Words importing failure of issue
801
Estate of trustees
802
between amongst each of several all to have part alike
807
to period of vesting
820

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Common terms and phrases

Սիրված հատվածներ

Էջ 797 - ... 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.
Էջ 774 - ... payment of any debt or debts) shall be thereby given or made, such devise, legacy, estate, interest, gift or appointment shall, so far only as concerns such person attesting the execution of such will, or the wife or husband of such person, or any person claiming under such person, or wife or husband, be utterly null and void...
Էջ 798 - ... and shall operate as an execution of such, power, unless a contrary intention shall appear by the will ; and in like 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...
Էջ 292 - 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 shall be construed to mean a want or failure of issue in the lifetime or at the...
Էջ 801 - ... living at the time of the death of the testator, such devise or bequest 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.
Էջ 86 - ... simple, or other the whole legal estate which the testator had power to dispose of by will in such real estate, and not an estate determinable when the purposes of the trust shall be satisfied.
Էջ 799 - ... 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...
Էջ 800 - Estate which the Testator had Power to dispose of by Will in such Real Estate, and not an Estate determinable when the Purposes of the Trust shall be satisfied . XXXII.
Էջ 793 - ... required for the execution of the will; but the will, with such alteration as part thereof, shall be deemed to be duly executed, if the signature of the testator, and the subscription of the witnesses be made in the margin or on some part of the will...
Էջ 794 - 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.

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