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670. Who are residuary devisees or legatees....
998
671. Residuary devises and legacies usually classed as general....
672. Position of the residuary clause...
999
1001
673. Describing property in the residuary clause, effect of.....
674. Residuary clause, descriptive words: "rest,' "residue," and
"remainder"
1002
675. The same subject: "Balance".
1003
676. The same subject: "Not otherwise disposed of”.
1004
677. Residuary clause: Construction controlled by intention: Expres-
sions considered......
1005
678. As to real property acquired after the execution of the will being
covered by the residuary clause......
1006
679. What passes under residuary devises and bequests.
1007
680. The same subject: Presumptions......
681. The same subject: Lapsed and void legacies....
1008
682. The words "cumulative" and "substitutional" as applied to
legacies .....
1010
683. Intention controls as to whether or not legacies are cumulative or
substitutional
......
684. Bequeathing a specific article twice....
1012
685. Two gifts, in the same will, to one person: When cumulative... 1013
686. Two gifts, in different instruments, to the same persons: For
same amount and same expressed reason, not cumulative..... 1014
687. The same subject: With different reasons expressed, or for differ-
ent amounts, are cumulative....
1014
688. The same subject: When given simpliciter, are cumulative...... 1015
689. Substituted or additional legacies: Subject to incidents of first
legacies
1016
.....
CHAPTER XXV.
ABATEMENT OF LEGACIES.
690. Abatement defined: Order in which legacies abate..
697. Legacies given for a valuable consideration.
698. Legacy to widow in lieu of dower....
699. The same subject: The will may provide that such legacies abate 1031
700. Legacy or devise in exercise of a power of appointment.... ... 1031
1027
... 1029
Sec.
701. Additional legacies given by codicil..
1032
702. Order in which legacies are stated is immaterial.
1033
703. Time of payment generally immaterial.....
704. Relationship of legatee to testator generally immaterial..........
1034
711. The same subject: The class of legacy to which each is applicable 1043
712. Effect of ademption......
1045
713. Adeemed or satisfied legacies not revived by republication or
716. Ademption by act of testator: Delivery by testator to legatee... 1049
717. Ademption by loss or destruction of property specifically be-
queathed
1050
718. Ademption by alienation of property bequeathed....
719. Ademption by change in form of property bequeathed....
720. The same subject: Conversion after testator's death, or while he
is of unsound mind......
1054
721. Ademption by removal of property..
722. Ademption by fulfillment of purpose for which legacy was given 1055
723. Satisfaction of general legacies....
1056
724. Where legatee is a stranger: Presumptions.
1058
725. Legacy of a debt paid before testator's death...
726. Legacy to debtor by creditor: No presumption that debt is for-
given
1060
727. The same subject: Parol evidence of intention...
1062
728. Legacy to creditor as satisfaction of debt: General rule.
729. The same subject: Exceptions to general rule......
730. The term "advancements"
732. The same subject: Gift by parent to spouse of child.....
733. Legacy must precède advanced portion in point of time, otherwise
1070
no deduction....
Beo.
1072
734. Presumption as to advanced portions: General rule.....
735. The same subject: Slight differences between gift and legacy.... 1074
736. The same subject: Exceptions to general rule......
1075
737. Reason for presumption of satisfaction of legacy by advanced por-
tions
1076
738. Advancements, value thereof, and interest thereon..
739. Statutory regulations as to gifts and advancements.....
740. Evidence of testator's intention: Statutory regulations and pro-
visions of the will......
....
1077
1078
A
1079
741. The same subject: Parol declarations and other evidence...
742. The same subject: Oral declarations: By whom, time when made,
and parties present.
1080
1083
743. The same subject: Declarations against interest.
1084
744. A devise of real property fails if the testator has no interest
therein at his death......
745. The same subject: Effect of re-acquiring ownership..
746. The same subject: Effect of agreement to sell...
1086
2
. 1087
Effect of mortgage..
747. The same subject:
748. The same subject: Realty directed to be converted into money.. 1089
1088
754. Illustrations of the regulation in the Victorian Statute of Wills.. 1098
755. Construction of terms used in the statutes: "Descendants,'' "'rel- atives," and "lapse".
756. Beneficiary dead when will is executed, or dying before testator 1101
757. Conditional or contingent legacies or devises may lapse.
758. Legacy given to pay a debt owing to legatee....
761. The same subject: Contingent charges: "Exception" differs
764. Effect of failure of residuary devise or legacy..
1111
765. Divorce will not cause a lapse.
1112
766. Object of devise failing....
767. Gifts to joint tenants and tenants in common.
1113
768. Death of beneficiary before or after title vests....
1114
769. Death of life tenant does not cause gift of remainder to lapse... 1115
770. Testator may, by provisions in his will, prevent lapse....
1117
774. The same subject: Gift to beneficiary "and his heirs".
1120
775. The same subject: Gift to beneficiary "or his heirs".
1122
776. The same subject: Construing "and" as "or," and "or" as
"and"...
1123
777. To whom the benefit of lapsed legacies and devises accrues.
778. The same subject......
779. To whom the benefit of void legacies and devises accrues.
1129
780. The same subject.
781. General rule as to lapsed or void legacies or devises.
1131
1132
CHAPTER XXVIIL
CHARGES FOR PAYMENT OF DEBTS AND LEGACIES.
782. As to liability of heir, devisee, or legatee for debts of decedent:
Common law rule......
783. The same subject: Statutory changes...
1136
1137
784. Order in which property is resorted to for payment of debts.... 1138
785. Personal property of estate is primarily liable for debts and lega-
cies
1139
786. Direction in will that all debts and legacies be paid....
787. The same subject: Construed, if possible, as referring to per-
1141
sonalty....
1143
788. The same subject: Doubtful expressions.
1144
789. Direction in will that executor pay all debts and legacies.... 1145
790. Presumption where testator knows the personalty is inadequate.. 1147
791. Waste of personalty by executor....
794. Common law rule as to debts secured by mortgage..
1151
795. The same subject: Expressions of intent.
1152
796. The same subject: Exceptions to rule...
1153
797. Testamentary gift of mortgaged property: Modern rule..
1154
798. Effect of blending realty with personalt▾
1156
799. Effect of realte ged personalty being blended in the residuary
300. Whether the charge is upon the devise or upon the devisee.
1159
-01. The same subject.............
1160
808. Conversion depends on intention of testator: How expressed.
1168
809. Time when conversion is considered to take place.....
1170
810. Effect of failure of purpose for which sale was directed......
811. Realty converted into personalty does not bar dower, but other-
1172
814. Immaterial whether or not testator knew he did not own the prop-
erty disposed of......
1180
815. When presumption arises that testator intended to dispose of his
own property only: Community property.....
1181
816. The same subject: Where testator had only a partial interest in
property devised....
1182
817. Doctrine of election founded on equitable principles...
818. Nature of cases calling for election.....
1183
1185
819. Manner in which intent to put widow to her election must be
823. Right of election is personal: Reasons for election immaterial... 1195
824. The same subject: Creditors can not force survivor to claim stat-
utory rights as against the will......
1196
825. Court may make election for donee if he be alive but incapable of
acting...
1197
826. Acts constituting election....
1198
827. Election made through ignorance, fraud, or mistake may be
repudiated ....
1199
828. Election by estoppel...
1200
829. The same subject: Where the widow is executrix..
1202
830. The same subject: Effect of acceptance of benefits under will... 1203
831. What law governs election in case of conflict......
1205
832. Waiver of dower includes claim of dower in lands conveyed by
husband alone during coverture..
1208