Commentaries on the Law of Wills: Embracing Execution, Interpretation and ... - John Edmundson Alexander - Google Books

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Books

COPYRIGHT, 1918,

BY JOHN E. ALEXANDER.

286938

GNO MATC

WILLIAMS PRINTING COMPANY

INDEPENDENT PRESSROOM

TABLE OF CONTENTS OF VOLUME THREE

CHAPTER XLIL

PROBATE JURISDICTION.

1180. Necessity of administration of estates....

1181. Development of administration of estates in England...

1182. The common law distinguished between realty and personalty

for payment of debts: Changed by statute....

1183. Probate originally affected personal estate only, but now both

are subject to probate jurisdiction....

1184. What courts now exercise probate jurisdiction..

1185. Jurisdiction of court as affected by domicile of testator and

situs of real property....

1186. No jurisdiction to administer estates of living persons.

1187. What may be probated.....

1188. Who should offer the will for probate.....

1189. Length of time after death of testator that will should be

offered for probate......

1190. Admissibility of will to probate does not involve the construc-

tion of its terms.

WHO MAY BE EXECUTORS OR ADMINISTRATORS.

1191. Executors and administrators defined and distinguished...... 1850

1192. Legal duties of executors and administrators are the same.... 1851

1193. Common law rule as to who could act as executors.....

1194. Statutory changes as to disqualifications of executors.....

1195. Competency of appointee of testator to act as executor....... 1855

1196. Effect of failure of appointee to apply for letters testamentary

within time specified by statute......

1197. Order in which persons are entitled to administer estates of

intestates: Nominees....

1198. English rule as to nominees.

1199. Aliens as executors or administrators: Common law rule.... 1860

1200. Statutory regulations as to aliens or non-residents acting as

executors or administrators......

1201. Infants as executors or administrators.....

1202. A married woman as executrix or administratrix..

1203. Corporations as executors....

1204. Conviction of an infamous crime as a disqualification..

1211. Interests adverse to the estate as a disqualification..

1212. The same subject: Creditors

1213. The same subject: Debtors

1214. The same subject: Partners

1215. Public administrators...

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1221. Testator may delegate to another the right to appoint executor. 1891

1222. Right of one named as executor in will, to the appointment.... 189?

1223. Acceptance of office by executor named in will....:.

1224. Renunciation of office by executor named in will.

1225. After acceptance, executor can not resign except with sanction

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1227. When administrator with will annexed may be appointed...... 1899

1228. Statutes providing that letters of administration with will an-

nexed shall issue as in case of intestacy......

1229. Right of residuary legatee to letters of administration with will

1230. The same subject: Right of executor of deceased residuary

1231. Right of executor of deceased executor to represent first testator 1907

1232. Right of nominees to letters of administration with will an-

1233. The same subject....

1234. As to right of trustee under will, to letters....

1235. When guardian of an infant beneficiary is preferred.......... 1912

1236. Executor named in will may be granted administration with

will annexed........

1237. When application for appointment must be made.............

1238. Powers and duties of administrator with will annexed.

1239. The same subject: Powers cease if will be set aside.............. ..... 1915

1240. The same subject: When more than one executor is named in

1241. Powers in trust do not devolve to administrator with will an-

1242. Right of administrator with will annexed to sell property:

Where direction in will is imperative.....

1243. The same subject: Where will gives discretionary power of sale 1920

1244. The same subject: Statutory regulations.....

1245. Effect of unauthorized sale of land by administrator with will

ADMINISTRATION DE BONIS NON.

1246. Administrator de bonis non defined.....

1247. Jurisdiction to issue letters.....

1248. Those entitled to letters of administration de bonis non...... 1924

1249. The same subject: Next of kin or principal beneficiary under

1250. Renunciation of right to letters can not be revoked..

1251. Powers and duties of administrator de bonis non.

1252. The same subject: Assets and accounting..

1253. Liabilities of administrator de bonis non....

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1255. What acts are sufficient to constitute one an executor de son

1256. Realty and partnership property not involved...

1257. As to legal executor and one de son tort existing at same time.. 1940

1258. Possession of goods under conveyance to defraud creditors.. 1941

1259. Goods received innocently, or through collusion.

1260. Possession in good faith under color of title.....

1261. Acts of conservation or kindness.....

1262. Acts of servants, agents, and coadjutors.....

1263. Foreign executor taking possession of local assets....

1264. Payment of debts of decedent by executor de son tort........ 1949

1265. Executor de son tort can not retain assets to satisfy debt due

1266. Duties and liabilities of executor de son tort.

1267. Executor de son tort no right to sue......

1268. Effect of acts of executor de son tort...

1269. Where executor de son tort is subsequently regularly appointed. 1955

1270. Actions against executor de son tort: Who may sue................

1271. Forms of action against executor de son tort.....

1272. The same subject: Time and venue.....

1273. Defenses which executor de son tort may interpose.....

1274. Manner of pleading defenses: Judgment and execution...... 1961

1275. Statutes abolishing office do not deprive defendant of former

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1277. Who are entitled to special or limited letters of administration.. 1967

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1283. Administration pendente lite.....

1284. Reason for appointment of administrator pendente lite, and

termination of authority................

1285. Powers and duties of administrator pendente lite...

1287. Statutes providing for settlement of estates without intervention

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