[References are to pages.]

Woodward's Will, Matter of, 910, | Wyman v. Woodbury, 1001.

INDEX FOR VOLUME TWO

[References are to pages.]

ABATEMENT OF LEGACIES, 1019.

annuities, abatement of, 1023.

defined, 1019.

demonstrative legacies, abatement of, 1026.

general legacies, abatement of, 1023.

lapse distinguished from abatement or ademption, 1093.

legacies given for a valuable consideration, 1027.

order in which legacies abate, 1019.

pecuniary legacies, as a general rule, abate proportionally, 1033.
relationship of legatee to testator generally immaterial on question of
abatement, 1034.

residuary legacies, abatement of, 1021.

specific legacies and devises, abatement of, 1024.

time of payment generally immaterial, on question of abatement, 1033.
to make up share of a pretermitted heir, 1036.

will may provide that legacies in lieu of dower abate, 1031.

"ABSOLUTELY"-Effect of use of "absolutely" in devises, 1353.
ACCELERATION—Where widow relinquishes life estate, 1217.

ACCEPTANCE OF BENEFITS-Election, effect of acceptance of benefits
under will, 1203.

ACCOUNT Chancery may compel trustee to account, 1660.

ACCOUNT BOOKS-Testator may indicate by reference in his will to
account books and ledgers what he intends shall be considered as
advancements, 1082.

ACCUMULATIONS, 937.

statutory regulations regarding accumulations, 1692.

trusts to accumulate; accumulation defined, 1689.

trusts to accumulate; common law rule as to accumulation, 1689.

ADDITIONAL LEGACIES-Given by codicil subject to the same condi-
tions as the original legacies, 1032.

subject to incidents of first legacies, 1016.

ADEEMED Adeemed or satisfied legacies not revived by republication or
re-execution of will, 1045.

ADEMPTION-A conclusion of law, 1048.

ademption and satisfaction of legacies and devises, 1038.
ademption and satisfaction distinguished, 1041.

[References are to pages.]

ADEMPTION-(Continued).

applicable only to specific legacies, 1044.

by act of the testator; delivery by testator to legatee, 1049.

by alienation of property bequeathed, 1052.

by change in form of property bequeathed, 1053.

by conversion after testator's death, or while he is of unsound mind,
1054.

by fulfillment of purpose for which legacy was given, 1055.

by loss or destruction of property specifically bequeathed, 1050.

by removal of property, 1054.

defined, 1039.

evidence of the testator's intention as to ademption, 1046.

lapse distinguished from abatement or ademption, 1093.

legacy of a debt paid before testator's death, 1058.

partial payment of a debt specifically devised is ademption pro tanto
only, 1059.

presumption of ademption is made in the case where the legacy and
the gift an not the same in kind, 1075.

realty directed to be converted into money, 1089.

satisfaction is of equitable origin, while ademption depends upon a
rule of law, 1041.

ADMINISTRATORS AND ASSIGNS-"And his executors and adminis-
trators and assigns" construed, 1121.

ADOPTED CHILDREN-How considered, 1235.
rights of adopted children, 963.

"ADVANCEMENT"-"Advancement" defined, 1066, 1067, 1068.

"advancement" as used in a will, 1074.

difference between gift and legacy, 1074.

differs from a gift, 1067.

gift by parent to spouse of child, 1070.

legacy must precede advanced portion in point of time, otherwise no
deduction, 1070.

presumption as to advanced portions; general rule, 1072.

reason for presumption of satisfaction of legacy by advanced portions,
1076.

rule as to advancements applies only to those to whom the donor stands
in loco parentis, 1068,

statutory regulations as to gifts and advancements, 1078.

value thereof and interest thereon, 1077.

ADVICE-Alone, does not establish undue influence, 876.

AFFECTION-Influence resulting from kindness or affection not wrongful,

874.

"AFTER"From and after" or "after" or "at" or "on" the death
of the life tenant, 1459.

[References are to pages.]

AFTER-BORN CHILDREN-After-born and posthumous children defined,

950.

after-born illegitimate children; when may take under will, 1231.

rights of after-born and posthumous children, 950.

"AFTER PAYMENT OF DEBTS," 1142.

AGE-Not deemed cause of suspicion where bequests in accordance with
natural affection, 881.

AGREEMENTS BETWEEN HUSBAND AND WIFE-As limitations on
testamentary power, 948.

AGREEMENT TO SELL-Revocation of devise; effect of agreement to
sell, 1087.

ALIENATION-Ademption by alienation of property bequeathed, 1052.
condition or restriction suspending all power of alienation, 1541.
general restraint upon alienation void, 1541.

“ALL”—“All and singular whatsoever," 1182.
"all my personal estate," 972.

"all my land," 1182.

"all my property," 1182.

"all my real and personal estate,'' 973.

ALTERNATIVE-Contingent remainders, 1470.

"AND" Construing “and” as “or” and “or” as “and,” 1123.
ANIMALS-Gift or devise for the benefit of useful animals for charitable
purpose, 1645.

ANNUITANT-Apportionment upon death of annuitant; when allowed, 996,
ANNUITY, 990.

abatement of, 1023.

annuity and gift of income distinguished, 991.

condition that no annuity shall be charged upon an estate devised in

fee, 1540.

defined, 989.

duration of payment, 993.

from what source delinquent installments of an annuity may be col-
lected, 994.

time when annuities are payable, 993.

ANTENUPTIAL AGREEMENT, 942.
not contrary to public policy, 942.
Statute of Frauds, 944.

APPOINTMENT-Legacy or devise in exercise of a power of appointment,
1031.

where a power of appointment is given by will the rule against per-
petuities applies as well to the power as to the appointment, 1682.